How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29822
Experience:  Former judicial law clerk, lawyer
26798026
Type Your Employment Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

MY SON WAS TERMINATED BECAUSE HE PUT THE ALARM OF THE SCHOOL

Customer Question

MY SON WAS TERMINATED BECAUSE HE PUT THE ALARM OF THE SCHOOL HE WORKED AT FOR 4 YEARS AND 6 MONTHS 15 MIN EARLY 3TIMES. BUT NEVER GOT PAID FOR THE TIMES HE CAME IN WORKED ON HIS OFF DAY (SAT). OR SPECIAL JOBS DONE FOR THE PRINCIPAL UPON HER REQUEST. THE PROBLEM CAME WHEN A NEW HEAD CUSTADION WAS HIRED. MY SON WAS ALWAYS PROMPT TO HIS ASSIGNED POSITION,
NEVER CALLED IN HAD PLENTY OF SICK LEAVE. BECAUSE HE SPOKE UP IF A JOB WAS NOT DONE PROPERLY TO HIS SUPERVISOR, HE DID NOT LIKE IT AND WAS LOOKING FOR ANY REASON TO FIRE. I WOULD LIKE TO KNOW IF THIS IS A WRONGFUL TERMINATION CASE
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Wrongful termination, from a legal perspective, means one of three things: Your son was fired in violation of a contract that says he could not be fired without due cause; he was fired due to unlawful discrimination based on his race, gender, ethnicity, age, religion, or status as a member of another protected minority class; or he was fired for reporting violations of the law to the appropriate authorities. Because employment is at will, no matter how wrong a reason for firing someone seems to you or me from a moral perspective, there's no cause of action unless the termination fits into those categories. There is nothing in the facts you've provided to suggest that any of those things are the reasons for your son's termination.

Employers do not have to pay employees for unused sick leave when they are terminated, unless there is a contract or employee handbook that says so.

Unless he was an exempt employee, he must be paid for all hours worked, even on his days off. Exempt employees are paid on a salaried basis (meaning wages are never deducted if he comes in late or misses a day). However, if he was on the custodial staff, it sounds like he would be an hourly employee, not an exempt employee. He can file a wage claim with the Department of Labor for all the hours he worked that were not paid.

http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Related Employment Law Questions