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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was terminated from my position as a Massage Therapist with

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I was terminated from my position as a Massage Therapist with LUSH Handmade Cosmetics. They stated that I "gave the legal dept permission to charge the spa team for a notaziation that I needed to process my NY state forms for licensing." I never gave such "permission" nor did I have the authority to do so. I was given a per diem lump sum for food and allowance from my company, while traveling and trainging abroad in England, without a contractual aggrement surrounding this. Now that they have terminated me, they want to withdraw the remaining funds from my bank. Is the reason they gave me for termination and the act of trying to withdraw money from my account legal?
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

In terms of termination, an employer can terminate an employee for any reason or for no reason at all - - as long as the reason is not discriminatory based on race, sex, age, disability or religion under Title VII of the Civil Rights Act. Thus, the reason for termination is likely valid.

As for the per diem, whether you would owe that back depends on what your contractual agreement between you and the employer says. As you've indicated, there's no contract on this, and if there's no provision that says you owe the money back upon termination, then you have a legitimate basis to refuse to return the money.
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