Can company legally fire w/out properly going through "discpline actions" as required? I plan to sue.

Question

I just started a job 2 months ago. Originally I was hired for weekend receptionist. During my week training, a co-worker (helped me get the job) told me of vacant position within business office. I met with Business Manager and was told of job description. In addition to working Mon-Fri., I was still required to work 2 weekends/month (original schedule). My pay was suppose to increase, that never happened. One day my boss tells me she is thinking of letting me go b/c she thinks I'm not getting the job. The week after that, she gets fired but came back 3 weeks later b/c she is building a case against the company. On her 1st day back, my boss fires me. She says she hears conflicting reports of my performance. When I ask for specifics, she couldn't give one. Handbook requires verbal/written warning, suspension, written warning, termination. As you can see, none of that happened? I want to sue for unlawful termination & unfair wages plus emotional distress. I am a single parent of infant.

Answer 1

You might be able to build a case to at least get a settlement from the company, but it's not likely. Most companies, despite what is in their handbook, have their own clauses in the contract that state they can fire at will. They could count your earlier conversation with the boss stating that she was thinking of letting you go as a verbal warning. However, in the long run, what's more likely to happen is that the company may drag it out so long that you drop the case and then, they can also warn other companies that you are a troublemaker, which hurts your overall reputation. Most companies also have a clause that states you are required to go through legal arbitration, which the former employee is often required to pay for. I'd meet with a lawyer for a consultation, but it doesn't look good for you.

Answer 2

Sue their tails off!!!! My son is going thru the same thing. They cannot fire you and not have taken you thru the process of: 2 warnings, a written warning and other process. If they do, you can get your job back after so many long years or take them to court!! Go for you, you're win!

Answer 3

If you are in the US, in any state other than Montana, your employment is called "at will" which means the company can legally fire you without warning or reason as long as it isn't due to some legally protected class such as gender or race..  So depending on where you live, you probably have no legal case.  Sorry

Even if you are in Montana, that doesn't mean that you'd win a case in court, but you wouldn't automatically lose either re the termination - if you are under employment at will, it is NOT unlawful.

Unfair wages?  As long as you were paid at least minimum wage, there is no law that you get a raise when your job changes, even if they had told you that you would.

You can most likely collect unemployment.  Good luck in your job search

Answer 4

You are not protected after working there only a few weeks.   If you were not getting the job you can certainly be fired.     You are not fully vested until you are there 6 months.

You can try to sue, but it will not go anywhere.   There is no emotional distress over a job you just started, it is not like you had spent years dedicating yourself to this company.   As long as the wages are legal and you agreed to them they are fair.

I hope you ahve some money, no lawyer will take this case without a good retainer.

Answer 5

They can fire you for any reason, or no reason during you probationary period which is usually 90 days. You probably wouldn't have gotten the raise until then either.