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  • Jurydoctor@aol.com
    I was leaning towards rightful termination, however in re-reading the facts , I have to say it was wrongful. The main reason for changing my mind is
    Message 1 of 2 , May 17, 2007
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      I was leaning towards rightful termination, however in

      re-reading the "facts", I have to say it was wrongful.

      The main reason for changing my mind is because he wasn't terminated
      immediately after the altercation.

      It wasn't until he made his claim for medical treatment,

      and was told to get his doctor to release him that he was let go. It is
      still a "he said, she said" type scenario at best.
      __________________--
      My first thought is that these stats don't tell me
      anything..,how tall was Roger..? If he was 5/4
      and 41 and 250, Ben may well have been the
      stronger one....
      In any case, that's not important, just struck me
      as odd.
      I'd side with the defendant because the company
      didn't fire him until after he made the claim for
      medical treatment.
      The multiple reasons to fire him also causes me
      concern. There was one event...
      if he was a poor employee etc..they had ample
      time to document and proceed with those problems
      as their occured.
      I'd also side with Ben..he didn't make any
      complaints as far as I can tell.
      It's sort of "he said, he said" and their own
      admission "we weren't there..." speaks for itself.
      I can get 5 folks that say I'm a kind old woman:)
      That's pretty irrelevant:)

      "Roger was 41 years old, and weighed 250 lbs. and Ben was in his
      mid-60's, only 5'4"."











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