My employer was going to fire me for breaking a rule that no one knew existed. Is this legal?

PepsiLime

No, they can't fire you legally for breaking a rule that nobody knew about.

Peter B

They only "illegal" termination is one where it is racially, age or gender motivated. The boss can fire you because he/she doesn't like argyle socks. That doesn't mean they don't have to pay severance, though. If the rule broken has been properly documented, they may be able to avoid severance as well.

dtccareerservices

Technically, if you live in a "right to work" state, either you or the employer can terminate your employment at any time or for any reason. It's called "at-will employment." There are 22 such states.

Discrimination, however, is an exception to thir rule.

Pardon me, but gambling / drinking liquor on company time is not the right thing to do, and is somewhat of an an unwritten code accepted universally...

Aster

Bosses don't need a reason to fire you in most states. They can fire you for nothing. Unless it is because of race or gender, etc. then yes, it is legal.

Expert Realtor

I think that it's in the state gambling laws, but you should have been aware of it.

I believe that in states where gambling is legal, an employee of a casino cannot bet in the casino from which he or she is working, or a casino affiliated with it.

It is your employers responsibility for making you aware of all rules, regulations, and special laws associated with your job.

hr4me

Sounds like the company is thinking that it is an ethical error in judgement, they want you to behave a specific way when you are on the job working for them. If the casino is your customer then you would be expected to act professionally, do the job and then leave the premises. Not gamble while on the job. It seems as if you need to have a talk with your H.R. department to see what the issue is, what policy is this in reference to, so you can be very clear what the expectations are of you and other employees who work for them. Some companies have a section in the handbook "Behavior of Employees" or even "Code of Conduct".

ninabeanas

Well, first off, what is the rule?

chandonchahal

Well if anyone's going to answer this you'd need to state more details. If you look at from his point of view you could be lying

LJ K

If the firing was all about that one rule--if your employer presented it as a direct result of you breaking that rule, then I'm not so sure he/she can fire you. (Are you in a union?)

Not for THAT made-up rule, anyway. He/she can make up more rules, and post them, and drive you away that way, or simply say one day that he/she 'will have to let you go.'

Without the back-up of a union, I think an employer can fire someone without much reason, though the accepted practice is to give notice.

Then you have time to find a better job, where you get along with your employer.
Good luck!

trublnmynd

It really depends. I worked at a copier company and one of my technicians stopped to have lunch at one of the companies cafeterias-he didn't eat for free, I think it was a hospital. They complained to his boss and he did get a warning. Some people are just too fricken uptight.

eagleman

Without union representation unfortunately yes. You may file for unemployment benefits. For the employer to contest your benefits they must prove you were fired for misconduct. The test for this is #1 that you acted in a wilful and intentional manner #2 that your actions damaged the employers interest. If you are denied benefits you may file an appeal. The Administrative Law Judge can reverse any decision and you will be paid benefits retroactice providing you continue to certify for weeks claimed.

w m

Yes its legal, If its a rule it has to be written down somewhere, so someone knows about it. An employee is resonsible for knowing the rules of his/her workplace.

hailfeal

was it a common sense rule? i need more info to tell you. talk to a lawyer if you're that concerned.

Sarah Kate!

The rule has to be published somewhere and most likely they would have you sign whatever paper it was on........

SiLKy

I think it would depend on the rule. If its some petty rule that seems arbitrary than I would say no its not legal. However, if you broke a rule that involves obvious common sense and anyone would have known then you probably are in the wrong. For an extreme example, if you were to kill someone. Sure your boss isn't going to tell you not to do that but you should know not to do that. I guess I would need more specific info. Union Steward

Iamvampire

No!
If no one knew what the rule was how could they be careful not to break it?
No, they cannot fire you legally.

Danielle J

Depends on what state you live in cause I know most states besides california are not right to work states meaning that at any give time a employer can fire you for any reason

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blapath

If the rule was never published than it is illegal. But if it published, than it is absolutely corrcet

cat.tails

If it is in a copy of the Company guidelines that is printed and everyone has a copy of it, yes, it could be legal, assuming they made every effort to let the employees know about the change, even if it occurred on the day they went to fire you. They should have at least posted something about the change in the break room.

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