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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 100584
Experience:  Years of experience in running a medium sized law firm.
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I am a salary employee, work week end on a Sunday. I worked

Customer Question

I am a salary employee, work week end on a Sunday. I worked from home Monday and went into work on Tuesday and was terminated. Am I entitled to another weeks pay?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: MAss
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time verbal contract 10 months on 2 off ( Salary )
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think mass is a employee at will state. I believe i was let go because i brought up some unlawful practices. As well as they employer owed me 4 weeks a reimbursements that was not paid ..
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) Unfortunately, the employer does not have to pay you any more than the time you worked. Under the Fair Labor Standards Act, the employer may make deductions from an such an employee’s salary and determine a fair wage for the amount of time worked - see HERE.

2) You will hear "right to work" a lot. However, that does not mean what people think it means. All this means is that at time of being employed, the employee has a choice whether or not to join a union as a condition of employment. As such, this bears no significance on the employer's ability to terminate, unless a union contract that you are a part of specifically disallows termination without first a hearing, etc.

3) Reimbursements must be paid, however. If there is a written agreement/contract under which the employer owes reimbursements, then the employee must pay them, and they can be sued in court for them under breach of contract, promissory estoppel, and/or quantum meruit causes of action if they do not.

4) Note that under Fraelick v. PerkettPR, Inc., the Massachusetts Appeals Court ruled that if the employer fires an employee simply to avoid paying them reimbursements, then this can be a violation of COVENANT OF GOOD FAITH (firing an employee to avoid paying a benefit, for example), and can be basis for a wrongful termination suit.

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Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!