2 replies to this topic

[wyatt34]

I have worked for a janitorial service for 2 yrs on Dec 26 I went into work just to have my boss tell me I was being let go because on the Sunday before I was working and one of the supervisors for the company I was working at said I was trying to go through the employee lockers on this particular day I was bugging floors I called my boss to ask if we had any new buffing pads he instructed me to check the lockers because that's were the extra pads are kept he didn't specify so I was checking all the ones that were not locked until I found the pads when I reminded my boss of this he said he would have to discuss it with the manger of that company after the new year, he held my paycheck with no explaintion why I had to borrow money to pay my bills, can I do anything about this

[FindLaw_AHK]

What state is this matter concerning? To learn more about your rights as an employee, you may visit the Employment Law Center and read Losing a Job as a good resource.

[Tax_Counsel]

In most states, the employer cannot withhold the paycheck — the pay must be made within the time provided by state law, usually within a short time after the pay period ends. Ask your state’s labor department (if it has one) what the rules are on that.

As far as the termination goes, 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).

Your situation doesn’t fall into one of those protected categories and thus the termination is likley not wrongful.

If you are a member of a union that has a collective bargaining agreement with the employer, then there may be restrictions in that agreement concerning the circumstances in which the employer may fire you.

You may apply for unemployment benefits if you are terminated, though. The state makes the decision on whether you get benefits, not the employer, so it doesn’t hurt to apply and see if you qualify.