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My employer terminated me because I asked them to fix my…

Customer Question
My employer terminated me...

My employer terminated me because I asked them to fix my paycheck and They tried to make me pay for a mistake the Dr. told me to do. I would not sign the paper so they fired me. what can I do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sorry, Maryland.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time "at will"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I also advised the employer that they had not paid other terminated employees back for the unused insurance. It is a whistle blower type case

Submitted: 7 months ago.Category: Employment Law
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11/25/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,468
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
ok
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 7 months ago
hello?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, bear with me a moment. I'm a slow typer.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm so sorry to hear about your situation, but thank you very much for your patience. Generally, an employer in your state is able to terminate an employee for any reason or no reason at all. This means that if your employer terminated you for not signing a paper regarding a mistake the doctor told you to do, then it is technically legal for them to do so, even if it is unethical for them to do so.

There are some protections that employees have. For instance, they can't be terminated because of some protected status (e.g. race or disability) and they can't be terminated for blowing the whistle for workplace safety, worker's compensation, or sexual harassment claims. Employers are also required make sure that paychecks are accurate and cannot unlawfully deduct someone's pay.

In your case, if the employer needs to make a correction to your paycheck, then they're legally obligated to do so. However, if they did not like that you complained and that is why they terminated you, it won't allow you to get your job back as a result, unfortunately. I'm very sorry about that. What other questions did you have for me?

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Customer reply replied 7 months ago
I am not wanting my job back. I am wondering if I have a case against them for firing me because I showed them the law in Maryland that they could not take this money from me. The are stating that they are not giving me back my money from the over charge for health insurance. there are many other things going on and I am curious if there is even a chance for a case. They are also putting patients in danger due to bad practices and that is another reason they fired me.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about that. Typically, unless they terminated you for filing a worker's comp claim, a sexual harassment claim, discrimination claim, or submitted for an OSHA or HIPAA violation, it is probable that you may not have a case against them for firing you.

It is possible that this is a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. You could argue here that because they terminated you for these issues, it is a breach of contract There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

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Customer reply replied 7 months ago
Ok thank you for your help!
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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