When a person’s actions are damaging to his or her employer’s reputation, it can lead to some ugly confrontations and difficult decisions. However, before a company makes any serious or controversial decision, it may be in the company’s best interest to first consult an attorney in order to avoid allegations of discrimination or wrongful termination.
That is the situation facing clothing company American Apparel. Reports indicate that the 45-year-old founder of the company was recently fired after the board of directors decided that his repeated instances of misconduct were negatively impacting the brand. However, the founder is fighting back and promises that unless he is reinstated, he will be filing a wrongful termination lawsuit against the company.
The situation is becoming a bitter and public battle, with both sides taking a firm stance on the issue. The company says that they could no longer keep the man on because of the allegations that have been directed at him. Former workers accused him of sexual harassment and assault; and the company claims that he refused to participate in required sexual harassment training. He has also been accused of discrimination. Therefore, the company felt justified in the decision to let him go.
However, the founder has lashed out at the board and claims that the behaviors of which he was accused happened a very long time ago and were not the true reason for his dismissal. He said that his termination was wrongful and unless he is reinstated immediately, he will be filing a lawsuit.
It is not clear which way this case will go. If the man follows through and does in fact file a lawsuit, it will be up to the court to decide whether the company violated any laws in their decision to fire him.
Source: The Independent, “‘Reinstate me or I’ll sue'” American Apparel’s Dov Charney vows to win company back after being fired,” Maria Tadeo