California Legal Code 96(k) states that: The Labor Commissioner and his or her deputies and
representatives authorized by him or her in writing shall, upon the
filing of a claim therefor by an employee, or an employee
representative authorized in writing by an employee, with the Labor
Commissioner, take assignments of:
...
(k) Claims for loss of wages as the result of demotion,
suspension, or discharge from employment for lawful conduct occurring
during nonworking hours away from the employer's premises.
You're citing a procedural detail that I don't think really supports the claim that his termination was unlawful.
All that section says is that if the guy files a claim with the labor commissioner for wrongful discharge, then the commissioner can "take assignment" of his claim, meaning they can sue the company in his name. It doesn't really say anything about whether his firing was OK or not.
This will be a huge stretch of the law. It would be doubtful that one could succeed against her even under UK-type laws, to say nothing of American law.
Truth is a defense. Did they not do what she reported them as saying?
(NB: I'm not saying I approve of her behavior, but trying to paint her as legally responsible is out there.)
I say the guy put up his situation and case on those crowd funding/fundraising sites and raise money for his legal case.
Sue her individually for defamation et al. and tie her up in court. Let her pay the REAL price for wielding a public, 10,000 follower strong opinion against a privately intended comment.
I thought that posting a photo without someone's consent is illegal (at least in EU not sure how it is in USA), but I'm not a lawyer.
I always thought that was the case when Google removed faces from StreetView.
In 49/50 states, it isn't. So there is no leg to stand on.
Unless he was employed in Montana.