Is this wrongful termination?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is this wrongful termination?
My employer paid me a check last pay period. She said because my direct deposit didn’t go through. I didn’t catch it until about a week later but she never came to tell me anything. New Link Destination
day I was fired because of it. She kept my paycheck for this period and also told me that I wouldn’t be receiving my next 1 day check for the 16th, next pay period, my check this pay period was 3 dollar shy of paying the back which is fine. I get it. However, I honestly don’t understand why I was fired for this. It even says on my pink slip that it was an error on their part.
Asked on October 2, 2019 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you did not have a written contract which was violated by your firing, or you were not fired due to your race, color, national origin, age 40 or over, sex, religion, or disability, your termination was almost certainly not wrongful. When there is no written contract to the contrary, you are an "employee at will" and may be terminated for any reason, including unfair or unreasonable ones, even including due to other people's mistakes, not your own, so long as the termination was not due to one of the types of discrimination discussed above. There is actually almost never wrongful termination in the U.S. due to the doctrine of "wrongful termination." So they could legally fire you because they made a payroll mistake and are annoyed or embarassed, etc. by it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.