I realize completely and understand that this may come off as a joke. However; a woman I worked with until about three months ago was fired for defecating outside the building of the grocery chain I work for. First, allow me to mention that at the time of termination, I was her supervisor. She worked overnight hours and never had 'direct' supervision, but in a smaller store such as ours, word gets around. Our floors get waxed approximately twice a week. On the night in question, the area surrounding the bathrooms was roped off as they were waxing. In her mind, she decided that it would be acceptable to defecate outside off the side of the building. Nobody was the wiser. She decided to open her mouth and complain about the situation with the bathrooms, when she unashamedly admitted to the overnight manager that she defecated outside the building. Initially, this was brushed off as a joke until she began telling more people about this incident. Word finally reached our store manager, who investigated the area and found used 'wetnaps.'
Obviously, as she was working foodservice and with the public, she was creating a very grave interpersonal hygiene problem. Anyway, she was terminated about 3 months ago. Jump to the present. Last night, when I went into work, I received a phone call from our Associate Relations Manager (HR) saying that I, and several of my co-workers are requested to testify in a wrongful termination case brought upon by the terminated employee. The terminated employee is stating that she committed no such act and never told anyone that she did such a thing. Yet, I clearly remember the last time I saw her, she said "I did what I had to do. What was I supposed to do? Go right next to the register?" To this I replied, "No! You should have explained to the floor crew that you needed to use the bathroom like ANY normal person would! This shouldn't even be an issue." This situation was only the icing on the cake, as she did have several documented instances of poor job performance. (However; she is only claiming termination over the single issue discussed here)

I should add as a final note that as her supervisor, regarding this matter, I only answered the questions posed by my department manager and store manager. I had nothing to do with the actual investigations and termination process.

SO THEN! I guess my question is; does she even have a case, or is she just wasting our time with this?