Hello, I just have a few questions, I live in massachusetts and I believe I was wrongfully terminated at my place of work today. I worked at a moving company for about 8 months and was told today, and i quote " to screw off" because I missed work yesterday which in all 8 months was my second day missed, the first I had a drs note for. The reason I missed work was because the night prior I was on a job that started at 8am( I go in at 6, but get paid when the job starts) and I didnt get back to my shop until 130am, and left the job at 1245am. A good 17-18 hours of work where at about 1130pm after being physically exhausted I dropped something that was probably about 40-50 lbs on my foot. to make a long story short I got home at 2am and had work again at 6am.. I slept through my alarms and calls from my boss and go in today to be told to 'screw off' that he doesnt "need me anymore", which in my opinion after working well over the legal limit for the day was wrongful termination, was just wondering my standings for unemployment... Also at the end of june my work had me lie to workers compensation about an injury I had in april because I was told that they wouldnt give me work if I filed a claim. Any advice on these matters is greatly appreciated
Country relating to Question: United States
State (if USA): Massachusetts
Hello and thank you for the question. I am sorry to read of this dilemma.Legally, the employer can terminate at will. That means it can do it as an over reaction to an absence and even for no reason at all.If it has a handbook or manual outlining the number of allowed absences and it ignored that rule, then the termination is illegal and may be challenged.In any case, a single absence is not a termination for cause. It is indeed an over reaction and given long track record there can file for unemployment benefits which should be awarded.Consider also asking employer for reinstatement on probationary basis and otherwise try to secure some severance on leaving, which companies provide on a case by case basis by negotiation.If there was discrimination involved, that gives you more leverage and possible claim through the eeoc.
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