Can someone sue if they were cursed at?

Question

My husband is a car salesman and for 5 months there has been an employee there who no one can stand at all. Constant drama, cutting people off on customers and even stealing their customers right under the other salesmens noses. At one point it was even found that he was selling drugs in the back of the lot. The manager has wanted to fire him since week one but apparently this guy was the son of the owner's friend. Today was apparently the last straw (he once again lied to a customer about what their interest rate and warranty would be...a common thing he would do to get them into the finance office and then hope the finance manager could save the sale.) After the customer left without the car, the manager asked him "HOW MANY TIMES DO I HAVE TO TELL YOU? You HAVE to stop doing this!" The guy, as usual, got attitude and got up in his face. The manager finally spoke the words he had wanted to say for so long..."I've had it with you. You are f**king fired. Get your sh*t and get out!" As the guy was getting his sh*t he looked at my husband and other co-workers and said "I'm having you subpoenaed. You guys heard him curse at me!" Does the guy have a suit?

Answer 1

you cant sue for getting cursed at!!!!!!!!!!!! its not a big deal. everyone is going to be cussed out at least once in their life so  he should get over it And u should stop worrying. Plus, only the manager would get in trouble, if anything....  

Answer 2

Cursing someone can be a case in court - -oral defamation. well, this depends on whether it was done in public, in bad faith and in an effort to disgrace or humiliate someone.

But I am sure, this is just a very minor, if not negligible case you told.

The more interesting thing to note is about the guy being fired, maybe that could be questioned. Whether the firing was legal or not base on existing labor laws.

Of course, it is management prerogative to fire anyone, esp. if violating company policy, rules, regulations or ethics.

Answer 3

no  

Answer 4

No. He would be laughed out of any courtroom.  

Answer 5

Nope, and he won't get unemployment either.

Answer 6

Yes he does.  A couple in fact.  Wrongful Termination, for one.  He has to be put through a process. A. Write him a warning letter. B.Suspend him for a few days. Then C. Fire him.

But he comitted verbal assault.  Did he curse back at the man?  If so, it cancels it out.  But if written down and documented each time the man acted inappropriately, he can be stopped and COUNTER SUED.  

Wanna make SURE you stop him if he does sue?  Have your husband grab an old steno pad and two different colored pens and a pencil.  Go back several weeks or how ever long is necessary.  Write the time and date in pencil.  _____said #@#$% to me over nothing at all.  Write another date in blue pencil ______ lied again to a customer and called me a #$@^%$ in front of the whole office, humiliating me.  Do it again with the black pen.  Keep switching it around and be careful with a calendar so it looks genuine,  If there is still time, have him visit a shrink.  Be sure to be prescribed a mild sedative. Now you have a powerful weapon.  Witnesses, documented instances, slanderous comments that are offensive and a trip to the doctor requiring medication!  GO Gettem!  It is an industrial injury and no small potatoes, either!  The Company will back you guys up if you do it this way.  They have a reputation to uphold.

Don

Answer 7

no then the world would be full of chaos or non-cussin ppl

Answer 8

While the way in which the manager acted was the not the most unprofessional, it was not illegal and the guy would have no recourse for being sworn at while being terminated.  The manager can easily explain the swear words slipping out as a heat of the moment response based on his frustration level with trying to get the guy to adhere with company policy, which the guy did not do.

From what you have indicated, as the manager has previously warned the guy to cease the manner in which is was behaving and he continued to do so and lost the sale due to the behavior, the manager was justifiable in terminating the guy immediately.  They guy can try filing for unemployment and the company can file against it.  While you could be called to come to the hearing to testify as to what the manager said, you can also testify to the guy's unprofessional behavior.  It is highly unlikely he will get unemployment, but that is really his only recourse in trying to get anything.

Answer 9

No.  If he could, then the courts would have no room for anything else.  He is flat outta luck.

Answer 10

idk you can sue for almost any thing- they could be arrested for public indecinty, or something though and if any thing you could sue HIM for selling drugs on the property and fraud- for lieing to people to get them to buy cars

Answer 11

freedom of speach...

Answer 12

Not a chance.

Answer 13

cant really sue anybody for cursing at you i mean come on the career i am in i get cursed out by some person for tickets or something everyday i work