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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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My name is***** have a weird situation that happened at

Customer Question

hi my name is***** have a weird situation that happened at my place of employment yesterday and i was wondering if it was legal
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure. I work at a bar. I was at this bar on my day off hanging out with some friends. The bar got busy and the owner yelled at me to get behind the bar and help. So I did, because I dont mind helping out a coworker. I was behind the bar for about two hours helping out. There was a meeting scheduled at 6pm for all employees. This meeting is unpaid but mandatory- which i know from previous management experience is not okay but I dont like to rock the boat. At 630 the night time bartender came on. I asked her if she still needed my help, she said no so i left the bar and went to ask the manager if the meeting was still happening since it was now 645. The manager said no it was too late and too busy for the meeting. I asked the bartender again if she needed any help, she again said no so I left. 10 minutes later i got a text message from the owners wife asking me who told me I was allowed to leave the restaurant. I told her I asked the manager if there was going to be a meeting and was told no and asked the bartender if she needed help and she said no. Since i was not scheduled to work, i figured it would be okay to leave. Then I get another text message from another manager saying I had to be back at the restaurant by 8 pm or i was fired. i got back to the restaurant at 735. The owner then screamed at me in front of everyone calling me a stupid bitch repeatedly for leaving and then told me to get out of his face. I again left the restaurant and was now removed from the schedule I honestly just dont even know how this is okay.
JA: OK got it. Last thing — Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 7 months ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Can you tell me what state this is in?
Customer: replied 7 months ago.
new jersey
Expert:  ScottyMacEsq replied 7 months ago.
Do you think (and if so, have evidence to support) that you were targeted based upon your race, age, religion, gender, or disability?
Customer: replied 7 months ago.
I think that calling me a stupid bitch does bring my gender into it.
I also feel as though it is wrongful termination
Customer: replied 7 months ago.
I have no documentation for poor performance
Expert:  ScottyMacEsq replied 7 months ago.
Were there others in the same or similar situation that you were in that the manager treated differently (and the only reason would be because of a different gender)?
Customer: replied 7 months ago.
he only hires women to bartend
Customer: replied 7 months ago.
there was another girl at the same time that was being called a bitch also
Expert:  ScottyMacEsq replied 7 months ago.
I see. Again, I am sorry to hear about your situation. It's unfortunate that there are people like this that are in positions of authority. First of all, you need to understand that NJ is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. So to even have a "wrongful termination" case, you'd have to show that you were terminated illegally. Yes, I agree that his actions were "wrong" (and immoral, unethical, and illogical). But that doesn't mean that they were illegal. Calling you what he did could be gender discrimination, but it would need to be established that he was targeting you based upon your gender, and not some other reason. If he treats ALL the women the same way, there could be a case. But if he treats some women one way and others another way, then it would be difficult to show that he's discriminating against women. It would be easier for him to establish a defense and say that he's discriminating against you for some other (non illegal) reason. Again, his actions absolutely seem immoral, unethical, and illogical. But it doesn't seem that they were illegal. Now not paying you for that time that you were at meetings would be illegal. You have a right to be paid for those. But his actions at the meeting and afterward do not appear to be illegal, and thus not actionable. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 7 months ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 7 months ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 7 months ago.
Hello?
Expert:  ScottyMacEsq replied 7 months ago.
Should I continue to await your response, or may I assist the other customers that are waiting?
Expert:  ScottyMacEsq replied 7 months ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.
Expert:  ScottyMacEsq replied 7 months ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Expert:  ScottyMacEsq replied 7 months ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 7 months ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!`

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