Can my employer drop my wage without notice if they say that I resigned but I was actually fired?
Question Details: I was terminated for needing a mental health day; I have a serious diagnosis that prevented me from coming to work. I was with a new the the company so they just fired me. Basically I was told, "Come to work or you are unemployed". They are now saying that I resigned. They said that when someone quits without notice their pay goes to minimum wage. Therefore, the second to last check I received was minimum wage. What can I do?
If you took a "mental health day" without using accured sick days or FMLA leave--and if you were a new employee, you most likely did not have either--then you could be fired. There is no right to take a mental health day or otherwise miss work, even if have a "serious diagnosis" without using PTO or FMLA.
You pay does NOT drop to mimimum wage, however: you last paycheck must be at your actual wage. If they will not pay you the full amount due you, you could sue them for the additional money (e.g. in small claims court).