Legal Question in Employment Law in Missouri
Employment Discrimination
My wife and i worked in the same company we were in sales. I gave notice and was leaving to go to a competitor. This made my employer angry so he fired my wife as well. Neither one of us had ever been counseled or recieved any sort of reprimad in any form. I feel she was fired as of the act of another, which is the definition of discrimination. Am I wrong to assume this? Due to this act of our previous employer or financial picture is not looking so hot. Thanks for your info on this.
1 Answer from Attorneys
Re: Employment Discrimination
Your question is very interesting. Under Federal Law it is not actionable to fire someone because their spouse takes some sort of action. It is only actionable if an employer takes a detrimental employment action against an employee for an illegal purpose. Specifically it must be because of a person's membership in a protected category, i.e. age, race, gender, national origin, religious affiliation, etc...
Employers cannot take such action if they have overlooked similar conduct in the past from folks outside the protected category. If this employer looked the other way when a man's wife quit to go work for a competitor, then you may have something. As is the case universally in these types of matters, each case is different. If you have any further questions, please feel free to call or email me at 901.527.5522 or [email protected].
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