Fired for working somewhere else, too

[shadohrt]

Hello,
I am looking around for information to help out my roomate, so I am certain I do not have all the information that may be helpful however I can establish the scenario based on what i do know.

He was hired as a store manager for a store in the mall. He gave the store a turn around in inventory retention and sales performance as well as tighthening the deposits (fewer lost bits and peices of money each day). During christmas we was also offerred the assistant manager position at another mall store. The two stores do not conflict in what they sell, and there is no overlap in products. The second stores worked around he needs to meet his committment to the first store. He worked the required number of hours in each store based on what their handbooks said.

To my knowledge he has had no write ups or any other disciplinary action from either store.

When his district manager of the store in which he is manager discovered he was the assistant manager in another store he fired him, then called the manager of the other store and gave a very bad review (I am not sure the contents).

I assume that there are grounds against the company firing him for wrongful termination as the only apparent wrongdoing is that he has a second job. I also assume that there may be grounds for a defamation of character suit against the district manager for his phone call to the other store manager (assuming negative content with the intent to cost him that job, too).

If it is any assistance the district manager allegedly stated that the termination was because he felt that my roomate was not spending enough time in his store. (it is stated that he is paid for X hours and that the company expects him to work those X hours and he was working X hours in that store and the store was doing well, much better than when he inherited it).

I would love to know if this is a case even worth pursuing as a civil case and if there are potential criminal laws dealing with this as well. He is currently seeking a local lawyer to assist in the case, but any and all additional advice would be greatly appreicated.

[Anonymous]

I assume that there are grounds against the company firing him for wrongful termination as the only apparent wrongdoing is that he has a second job.

Probably not. If he was an at-will employee, that would not appear to be an unlawful basis for termination. And if he were working under contract, it is possible that the contract defines working for another store as a basis for termination.

I also assume that there may be grounds for a defamation of character suit against the district manager for his phone call to the other store manager (assuming negative content with the intent to cost him that job, too).

Assuming untrue content, yes. Also, possibly, tortious interference with contract.

I would love to know if this is a case even worth pursuing as a civil case and if there are potential criminal laws dealing with this as well. He is currently seeking a local lawyer to assist in the case, but any and all additional advice would be greatly appreicated.

That's an evaluation your friend really needs to make in assistance with the local lawyer, who will be able to review the relevant facts of the case and your friend's situation.