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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29567
Experience:  Former judicial law clerk, lawyer
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What would it be considered or is it wrong employer to fire

Customer Question

what would it be considered or is it wrong for an employer to fire me because he was having a bad day due to his girlfriend breaking up with him and a lost of family member in which caused him to be late to work then when he texted me, i replied telling him i can cover until he got there then he misread my text message and starting going off then fired me. however realized what he did later, but then at the time, we have already gotten to far into the situation so after he realized what he did was wrong, he made up stories to cover up what he did wrong? on top of that, i was not paid my holiday hours for new years which was Times and 1/2
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

It is "wrong" for an employer to let his personal problems interfere with his work performance - it's unprofessional and something that should probably be directed at his supervisors. There is, however, unfortunately no law that prevents it. Because employment is at will, a supervisor can let someone go for no reason at all - or a terrible reason like this one. The only exception would be if you had a contract that said you could only be terminated for cause. Because your boss's personal problems are not something you did wrong, you should be eligible to collect unemployment while you look for new work, but I'm afraid you don't have a lawsuit against the company (or the supervisor).

Wisconsin law provides that when an employee is let go, he receive all wages due on the next scheduled payday or within one month, whichever is earlier. Wis. Stat. § 109.03. If that time period has passed and they haven't given your holiday pay yet, you can file a claim against them. It's actually a misdemeanor to willfully refuse to pay an employee's wages, so you could also try giving your employer one final opportunity to pay you before you report them. Section 109.11. Here are the forms and instructions for filing a claim.

http://dwd.wi.gov/er/labor_standards_bureau/how_to_file_a_wage_claim.htm

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