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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2115
Experience:  Practicing Attorney with 10 years experience
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I was fired 20 minuets before my shift

Customer Question

I was fired for insubordination 20 minuets before my shift was over when the actual situation happened the first hour i went into work. They said i had to do positions i was never trained to do along with my own job in required. I asked for my pay and was told I would get paid when the checks came in a week later when I picked up my check i asked for my termination papers I signed they refused and also did not pay me my training hours and pay when I first started. Do i have a strong case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Asad Rahman replied 1 year ago.
Yes I do believe you have an unpaid wages claim. You are entitled to all money owed even if you are terminated for cause. You need to contact your state agency regarding this. That may be more cost effective than hiring an attorney. Here is the link. http://labor.mo.gov/DLS/General/discharged
Customer: replied 1 year ago.
What about being fired for insubordination? Shouldn't they of fired me on the spot instead of 5hours later espically when they said i refused to work
Expert:  Asad Rahman replied 1 year ago.
That actually benefits you since you are owed for the work that day.
Customer: replied 1 year ago.
I was hired as the bartender not a server or room service they expected me to do all 3. I was never trained to answer or do room service. It was also not my scheduled day to work i was begged by my supervisor she had to work at the banquet center. I also was never asked my side or even given a write up another chance or a time to e even talk to anyone about the situation but a employee at the front desk emailed the owner about his side of the situation that occurred the owner proceed to email my supervisor who was at the banquet center to come to the hotel and terminate me.
Expert:  Asad Rahman replied 1 year ago.
You could have a claim for wrongful termination but that is hard to pursue because most employment is at will so they can fire you at any time.
Customer: replied 1 year ago.
Hello
Expert:  Asad Rahman replied 1 year ago.
Hello?
Customer: replied 1 year ago.
I sent you a better understanding of my situation but you never answered me
Expert:  Asad Rahman replied 1 year ago.
I think my answer didnt go through. I said that you could claim wrongful termination but since your employment is at will it will be hard to win on that.
Customer: replied 1 year ago.
What does employment at will mean?
Expert:  Asad Rahman replied 1 year ago.
It means that you do not have a contract with them and thus they can fire you at any time with or without cause. The employee can also quit anytime.
Customer: replied 1 year ago.
But their reasoning for terminating me for insubordination. "Refusing" to work so why would they make me work for 5 more hours if I want working
Expert:  Asad Rahman replied 1 year ago.
I do not know why they waited. Maybe they wanted to talk to their HR or legal department.
Customer: replied 1 year ago.
Is there a process for terminating anemployee
Expert:  Asad Rahman replied 1 year ago.
Each employer has their own process. There is no specific way to do it by law.
Customer: replied 1 year ago.
Do i have the right to a copy of my termination papers and paperwork for times and tip money documents
Expert:  Asad Rahman replied 1 year ago.
Yes you do.
Customer: replied 1 year ago.
Well they refused twice and told me they don't and won't give me a copy they said it is for their own personal property
Expert:  Asad Rahman replied 1 year ago.
When you file your claim they will most likely be required to turn it over.
Customer: replied 1 year ago.
So what would I be benefited. Of hiring a lawyer for wages unpaid will I only get awarded for the unpaid pay
Expert:  Asad Rahman replied 1 year ago.
Well i gave you the link to file a claim with your state agency so you may not need an attorney. An attorney's costs would offset the wages they might collect.
Expert:  Asad Rahman replied 1 year ago.
Any additional questions? If not a positive rating would be appreciated.

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