I was dismissed for gross misconduct,my employer has withheld my final pay & holiday pay, is this legal?
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I was dismissed for gross misconduct,my employer has withheld my final pay & holiday pay, is this legal?
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I am in Edinburgh, Scotland. I had less than 12 mnths service (10 mnths). I was given no contract/written terms and conditions so I cannot refer to them. I am only assuming the dismissal was gross misconduct as I have received no letter and my previous boss is not replying to letters I sent him. There was also no dismissal process - it was, essentially - you're fired!
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Aye. Right!
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...all the more reason to make sure that you have a contract, after no more that 13 weeks in a job...
I should think that neither of you have a leg to stand on. Draw a line under it and move on. |
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OriginalBubble
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You have no rights whatsoever. If you did not have a contract, then you have no leg to stand on. |
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DM
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Well I don't know about Scotland, but in the United States since they did not say why you were fired and are holding up your paycheck you could go file a claim under the Wage and Labor laws.
Now if you owed the company money in any way then they do have the right to keep your pay.
Also in the United States you would file for unemployment and put the reason for dismissal was unknown. When the employer replies they have to state the reason.
I would check with a lawyer in your area. Consultation visits are usually free and you can go on from there. |
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THE YES MAN
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yes |
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