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was i illegally fired?

Discussion in 'Law School & Careers in Law' started by kdjones4, Feb 18, 2008.

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  1. kdjones4

    kdjones4 Law Topic Starter New Member

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    i work as a server in raleigh, nc and was recently terminated. i had a meeting with my manager asking me to follow policies with wich i complied. about two weeks later i called in sick due to an upset stomach. the following day we had a meeting where i was fired in front of the whole staff. the manager who fired me had been "riding" me for some time. i feel as though he was trying to use me as an example of his authority. keep in mind this particular restaraunt is owned by an iranian and he only employees white males as servers (one female exception) and hispanic kitchen staff.
     
  2. cbg

    cbg Super Moderator

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    Nothing you have posted suggests that your termination was illegal. While I'm not saying it was handled as well as it could have been, it is not illegal to fire you for an absence that is not covered under FMLA (which this does not appear to have been); it is not illegal to fire you in front of other people; it is not illegal to make an example of you.
     
  3. brendo927

    brendo927 New Member

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    Restaurants are very had to work for. The big question is if your state is an At will employment state. If it is your out of luck.
     
  4. cbg

    cbg Super Moderator

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    The only state that is not at least nominally at will is Montana.
     
  5. Scooterdog

    Scooterdog New Member

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    The Virgin Islands and Pueto Rico should be on the list with Montana.
     
  6. cbg

    cbg Super Moderator

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    They are not states.
     
  7. Scooterdog

    Scooterdog New Member

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    I never said they were states, but they are part of the US.

    England isn't a state, and we derived our common law from them.
     
  8. cbg

    cbg Super Moderator

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    I'll tell you what; when you see me make the statement that of all the states and territories in the US, only Montana is not at will, you can correct me.

    But as long as I only use the term, state, Puerto Rico and the US Virgin Islands do not apply.

    Where we derived our common law does not affect the semantics involved.
     
  9. seniorjudge

    seniorjudge Super Moderator

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    But there are major exceptions....
     
  10. Scooterdog

    Scooterdog New Member

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    I'll use myself as an example that you have a RIGHT to use other states laws. In my custody brief, there is not mention of ANY Montana Law, Cases. I used supreme court rulings from other states. I have full custody and control.

    Although this is not a custody matter, same rule applies. The "At-will Doctorin" is well over 120 years old. Stale at best.

    I know several people out of Canada that have used US Supreme Court Rulings in Canada, and it follows.
     

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