Wrongfully Terminated

Status
Not open for further replies.

tiffany2

New Member
Hi, I live in New Jersey and do not know the employment laws fully. I was told by ex co-workers that I can sue my ex-employer for wrongful termination as well as emotional distress. I've worked for that company for 5yrs. Out of the 5yrs of employment three and a half of years were spent jumping through hoops trying to get a negotiable payroll check. The bad check situation got so bad that employees had to hold two/three weeks checks. Banks would reject you from depositing them into your account due to bounced check fees, that was not returned by the employer. Check cashing facilities in 2 states and many counties refused to cash any checks for the same reason.

My experience started on a Monday when I was unable to deposit or cash my check from the week prior. On that day I went out on my lunch break to the companys bank for the 2nd time this day.By this time I' ve visited several banks within 3 days trying to cash my check , receiving the same instruction call your employer.
No money in the company's account to cover employees check again.
After getting turned down again I returned back to my shift stressed, unable to focus on my tasks and exhausted from always jumping through hoops to get paid. I spoke with the vice-president of the company (who knew exactly the situation with the checks) and asked if I could take go home early @ 12:45pm that day. I explained mentally I was not focused at that time, she stated that was fine and we will see each other the next morning. Tuesday morning again I could not cash my check leaving me with money and no way of getting to work that day. I called the vice-president and stated my whereabouts and the hurdles I was jumping . No work Tuesday, Wednesday is here. I go to start my shift as usual and was told by the vice president "she thought I quit, I could not go to my desk and wait to speak with the owners." I stated to her, she and I nevered had that conversation nor did I hand in my resignation. She responded by saying "well it was overheard that you quit";not directly to her, who I must and always answered to (vice president). I feel I was wrongfully terminated due to me missing one day of work because I had no money and a nonnegotiable payroll check I couldn't cash, that they issued and heresy. Can I hold the payroll company accountable as well? Thank you.
 
You have two separate issues.

The term, wrongful termination, has a very specific meaning in employment law. You may have been unfairly fired but you were not wrongfully (illegally) fired. It is legal to fire you for not being at work, even if you had no money or way of getting there. It is your responsibility to find a way to get to work for the hours you are scheduled. Even if. (Hearsay only matters in a court of law and not always then. Hearsay does not give you any legal claim against your employer. It doesn't make it illegal if they fire you based on hearsay.)

However, it is your employer's responsibility to see that you are paid appropriately and at the appropriate times. Even though you do not have a viable wrongful termination claim, you do have a valid wage claim that you can file with the state. You cannot hold the payroll company responsible; they have no liability for your employer's violations.
 
Can I be fired for not being able too work doing school hours and not even be told I was fired?
 
You can be fired for not being able to work the hours your employer wants you to work, yes; even if the the reason you cannot work them is due to school. Oddly enough, nothing in the law requires your employer to tell you that you are fired.
 
Status
Not open for further replies.
Back
Top