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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110568
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi I was wondering if its legal for my company to terminate

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Hi I was wondering if it's legal for my company to terminate me for gambling with another employee with the company and all sports bets where placed at home over the phone late in the evening. No gambling on the work property at all.
Thank you for your question and for asking for me. I look forward to working with you to provide you the information you are seeking.

Did you have a written contract for employment with the employer?

Did the employer tell you that you were terminated for gambling off duty away from the place of employment?

No part of the gambling or payments for gambling took place on the employer's property or during work hours?
Customer: replied 3 years ago.
I was looking over our rules of conduct it did say no gambling at work.

Employer told me I was terminated for gambling and I said it was after hours and he said I know but its still gambling.

No gambling took place. One time the guy told me to write down who I liked for a whole Saturday college football and I hand him a paper of the teams I liked but he was going to call me later with the point spreads I left work right after.

One time he handed me $100 and it was like nothing just like everyone else in the place hands people money. Even when he handed it to me he said hey do you have change. That was it and the reason this whole thing was messy because, it Nov I left work for back surgery and he said to one of my co-workers I hope Willie pays me when he gets back from surgery. Company found out and when I was coming off FMLA they let me go. Maybe because my back's not 100% either.
Thank you for your response. This sheds some light on the issue.

If no gambling occurred at work and that is what the rules prohibit, then it appears that the timing of your termination based on their alleged reason would be a pretext or excuse for discrimination under the FMLA, which is illegal.

You need to immediately file a complaint with the US Department of Labor for violation of your FMLA rights and also with the EEOC for discrimination under the Americans with Disabilities Act based on them terminating you because your back was not 100% and treating you as disabled. These are your two immediate recourses. The EEOC and Department of Labor will investigate and you will get a right to sue letter and you also need to begin looking for a local employment law attorney because from your account it looks like they are making excuses to violate your FMLA rights and rights under the ADA as well.

Furthermore, if no gambling occurred at work, you need to also file for unemployment, since termination for something that was not against their rules would not be good cause for denial of your unemployment benefits and that means that you might have to go to an unemployment appeal if they try to deny your benefits. If they do seek to deny your benefits and you appeal, you need to consider using an unemployment law attorney on your appeal as it greatly increases your chances of success and they do not charge up front, they take a small percentage of the benefits they win for you.

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Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Real quick, I was scheduled to come off my FMLA on March,1st and on that day they told me I was on suspension until further review about gambling. Then they let me go on the 8th. This also was my 2nd surgery in 1 yr so I was wondering if they really thought I was just High Liability.
Thank you for your response.

These additional facts makes it more obvious that it is likely that your use of FMLA and possibly even them treating you as disabled in violation of the ADA. The closer in time they did this to your return from leave the more it appears that the reason is merely an excuse for their discrimination. This is why you should make your complaints.

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