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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19312
Experience:  Employment/Labor Law Litigation
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I was terminated last week from my job of over 5 years

Customer Question

I was terminated last week from my job of over 5 years for saying someone was philippino. I need to get my employee file and handbook but I know from working there in HR they will wait for me to get a court order before they will comply as I have see them do this to another employee first hand. I have asked for my last paycheck stub two times now and still have not received it. I was using ADP and paperless and now I am locked out of my account or it has been deleted. I can't see what I was paid for vacation or what deductions were made.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Regrettably, there is no way for you to get the employment files unless and until you sue them, alleging some sort of discrimination and/or wrongful termination. You have really identified any facts to support that sort of claim here though. If you had no employment contract, specifically stating that you could only be terminated for cause, you can legally be terminated at any time, with or without cause...so the strength of the cause doesn't really matter legally.

If you are alleging discrimination, then the EEOC can obtain those files when they do their investigation.

As for your pay issues, if they are refusing you the pay stubs, you should file a complaint with your state's Department of Labor (called a wage claim). State that you are not being given evidence of your final pay, and you can't correctly determine if they paid you properly and so you want to file a wage claim since the employer isn't cooperating.

The employer would then have to provide that evidence, in defense of the allegation, to the DOL.

Expert:  Kent-cssm replied 1 year ago.
Hello,
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/employment-law/9eu9e-terminated-last-week-job-years.html).
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Expert:  Allen M., Esq. replied 1 year ago.

It appears that you had some sort of inquiry. Did you have some other question for me in relation to this subject?