What can i do?
2 replies to this topic
Posted 18 November 2012 - 05:18 PM
I worked for a company who hired me while i did not have a drivers license. I signed a paper saying that if my driving record or ability changed then i would be fired possibly. They thought that i had my drivers license but i never said that i did, just put my license number on the application. They later fired me when they found out that my license is suspended. I was able to receive unemployment, but it is now running out and i am about to be broke. What can i do? Can i sue them? I think they should have done the license check and stuff before i was hired and not after 3months of working. There is also a guy working in the shop who doesn't have a license, and they know it. Please give me some advice.
Posted 18 November 2012 - 06:05 PM
What you can do is double your efforts to find another job. You were an at-will employee that could be terminated at any time. You knew the company required a valid license and you weren't honest. That they discovered it after hiring you doesn't give you any basis to sue. What's going on with the other guy is irrelevant.
Posted 18 November 2012 - 11:30 PM
Please give me some advice.
Don't waste your time on trying to sue your old employer and instead focus all your efforts on finding work. Based on what you've said here, your firing was not wrongful termination. When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:
• of your race, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor or by the IRS; and
• you took time off work to attend jury duty (in most states).
Firing you because you lacked a driver's license is not among the things listed above and is not wrongful termination. Moreover, you mislead your employer by putting down your driver's license number as though the license were still valid. Firing you for that deception certainly is not wrongful termination either. The fact that the employer did the check after you were hired rather than before doesn't help you.
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