Kicked out of work for wearing kilt

**Galician** · 16th April 10, 08:08 AM

Unfortunately Scotcop has posted a new thread indicating that he was advised by a friend that the management of his store is preparing to fire him for poor performance.

**GreenDragon** · 16th April 10, 09:47 AM

Originally Posted by Galician

Unfortunately Scotcop has posted a new thread indicating that he was advised by a friend that the management of his store is preparing to fire him for poor performance.

Sounds suspicious to me.

**Steve Barclay** · 16th April 10, 02:11 PM

Constructive dismissal?

**O'Callaghan** · 16th April 10, 06:46 PM

Originally Posted by Steve Barclay

Constructive dismissal?

That's an English legal concept. I believe he's in the US. Whilst their laws are based on English common law, the current UK employment laws come from much later statutes, long after the rebellion of the colonies.

Strictly speaking, constructive dismissal is when you deliberately make things so bad that the employee quits. In the UK, the employer would then be treated as if they had fired the employee without cause, but I'm not sure if the US has this concept, and it all varies between states anyway.

If they are intending to actually fire him, that would not be constructive dismissal anyway.

I'm not a lawyer.

**Alan H** · 16th April 10, 07:28 PM

Guys....would you all get a grip?

This is a job in a bookstore. It pays minimum wage, and you all want Scotcop to put his life on hold for three years and retain a bunch of attorneys while he files a federal suit against the owners of the store.

There is no employee manual...it's a non-chain bookstore. There is no union. What, he's going to contact the ACLU to fight a multi-year legal battle because the bookstore management is a two-faced wimp and the ex-major has a potty mouth and a brain that hasn't evolved?

And suppose he did contact the ACLU and scared the crap out of the bookstore owner and they didn't fire him....oh joy, what a GREAT place to work for minimum wage......I know that I'd just be all over that job, oh yeah.

Right.

You guys live in some other world, clearly.

He picked up his dignity, saved his resume the grief of having been fired, and walked out. Smart man.

**English Bloke** · 16th April 10, 08:16 PM

Wise words Alan. It's all about dignity though I'd suggest that members here are just being supportive which isn't a bad thing. In reality, I'd probably move on in the same predicament.

I do like the idea of Pipe Bands outside and a mob of kilted bookstore browsers though. That kind of parting, two fingered salute tickles me and if I was local I'd be down there like a shot... Please post the photo's if it comes off.