Was I Wrongly Terminated From My Job?
Find answers to your legal question.
Was I Wrongly Terminated From My Job?
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I was a manager in fast food establishment. I was scheduled 1- 16 year old and 2- non English speaking employees. The 16 year old was scheduled for 5 hours so I had to give him a break. Which left me alone to run all the service both through the drive thru and front counter. I stopped using the 1st window and only the 2nd window. I was told a few weeks prior that they wished for both windows to be open at all times. Yet, I had the choice of closing a window for a break or breaking child labor laws. I sent him on break and literally 5 minutes later the phone was ringing with my GM telling me to not give the minor a break and open the window. I complied and did as was told. Three days later, my employment was terminated. Is this a case of Wrongful Termination?
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michr
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wrongful termination?
NO
will you qualify for unemployment insurance?
possibly, if all the facts are accurate then it may be determined that they didn't have cause to terminate you and therefor you may qualify (assuming you meet the other criteria).
you need to contact the owner (franchise or corporate) and explain what happened and why you made the decisions you made.
the question will be why were you in this situation?
did you let someone off early, was the shift originally scheduled this way?
did the GM know you did not have the appropriate staff?
what is the labor law, does it require minors have a break after 5 hours or sooner?
did the law actually require this employee to be given a break?
perhaps after working through these issues they will give you a second chance and UI won't become an issue for you.
unless you have a contract you are employed "at-will" which means you can quit or be terminated at any time for any reason (except discrimination, retaliation or taking part in a protected activity) or no reason at all.
there is no such thing as "wrongful termination" unless a protected reason for the firing can be proven or a contract was breached. |
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on_a_need2know_basis
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I think you have a good case for wrongful termination. But i would definitely consult a lawyer. |
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Oscar
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It sounds like it was wrongful termination to me. But I am not a lawyer. I would check with a labor lawyer if I were you. |
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