Employment Law

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I was let go at my job. At will. They are upset because I…

Customer Question
I was let go...

I was let go at my job

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

They are upset because I wanted to take my lucnh. I work 11 hours a day and im not able to leave unless I get problems with the management

Submitted: 2 months ago.Category: Employment Law
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Customer reply replied 2 months ago
When can I excect a reply
Answered in 7 minutes by:
3/31/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,191
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What state is this in?

Please understand the experts work with multiple customers at the same time, so they all deserve the same time you deserve and the replies could take a little bit of time. Thank you for understanding.

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Customer reply replied 2 months ago
Az and I do understand. Thank you
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply and patience.

AZ law has no mandatory lunch breaks, so unless you have a written contract to the contrary, the employer of an at will employee does not have to provide lunch periods or break periods for at will employees. Thus, if they terminated you based on you taking lunch breaks, then as an at will employee you could legally be terminated for no reason at all or for any reason not based only on your age/race/sex/disability/national origin and you have no legal recourse other than seeking unemployment benefits.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
The way it was told to me was they no longer needed my services. I quess I need advise on what to do now
Customer reply replied 2 months ago
Thank you
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

If they no longer need your services, then your next step is to file for unemployment. For at will employees, they need no reason to terminate you and the termination is through no fault of your own and as such you would be entitled to unemployment benefits.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
I am 58 and ive never filed for unemployment. Can they fight it?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

The only way they could fight it is if they can prove they terminated you for misconduct related to your employment.

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Customer reply replied 2 months ago
If I left the shop for 20 min or missed a meeting on my day off at 7pm is that misconduct?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply

Leaving your job without permission of the employer could be deemed sufficient misconduct. As far as missing meeting on your day off it would be misconduct if the employer ordered you to show up and you did not do so.

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Customer reply replied 2 months ago
im at fault
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

If the employer wants to use that as the good cause reason for your termination they could make you at fault, yes.

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Customer reply replied 2 months ago
Ok but it does not make sense. I work 11 hours a dsy with no lunch. On my day off I miss a 7pm meeting because im not feeling well. Dont I have any rights
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

As an at will employee you have the right to be paid for the hours you work. Otherwise, the employer dictates the time you are to be at work and the work you are to do. The only right you have is to be free from conduct towards you based only on your age/race/sex/disability/national origin. You do not have any other rights in your employment, just to show up as ordered by the employer and be paid for that time I am afraid.

This is shocking to many employees who do not understand what at will employment means, but it does essentially mean the employee has no real rights in their employment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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