5 replies to this topic

[Doral33166]

I have been employed for 19 years with an excellent work record and evaluations. While in between banks and without direct deposit for 2 pay cycles I picked up my paychecks early from the audit department. There is a check distribution policy but it does not address early pickups.
We have a new controller, has been with the company for 2 weeks, and he has told my manager that I need to be fired. In 19 years I have never done anything like this, this was done without even thinking, I needed my paycheck, I work in payroll so I knew it would be available on Thursday so I asked the audit dept, and it was given to me.
Can I be fired over this? isn't there a process of Written Warning? then Disciplinary Action and after the third offense the you can be fired?

[NewYorkEmploymentAttorney]

I am not sure what State you are working in, but if your employment is in New York State I would have to advise you that absent a contract you are an at will employee and as such can be terminated for almost any reason without notice or process, unless the termination is motivated in part by discrimination or retaliation against you for making a complaint of discrimination.

www.QueensEmploymentAttorney.com

[Doral33166]

I'm in Florida; my issue with this is that this has happened before and those employees are still here. This is a large Medical Institution and if you know the right people you can get away with almost anything based on length of employment.

[pg1067]

Unless you (1) have a contract with your employer that limits your employer's ability to fire you, or (2) are a member of a labor union that has a collective bargaining agreement with your employer, you can be legally fired for just about any reason, including the reason you mentioned. Warnings and disciplinary procedures are matters of employer policy, not law.

[FindLaw_AHK]

To learn about this subject matter, you may wish to visit the Employment Law Center and read Losing a Job as a good resource.

[Fallen]

Your details are a tad out of order and missing pieces, but I gather you supposedly offended someone's sensibilities by asking them to hand over a paycheck earlier than its issue date/payroll date.

"Can I be fired over this?"

For asking for your paycheck early? Sure, though it'd be kinda silly. Is there a reason why you're so wound up about this so as to delve so deeply into it?

"my issue with this is that this has happened before and those employees are still here. This is a large Medical Institution and if you know the right people you can get away with almost anything based on length of employment."

I have no idea what would prompt these kinds of comments based on the details you've posted. It isn't as though you described smacking someone upside the head.

If you are fired for asking for and receiving your paycheck early, there's no reason to think you won't qualify for unemployments.