3 weeks ago I was fired from my job. The reason they gave me was I just didn't fit in, and I was on a 90 day probation period. Now I would have believed the probation thing had they not had me get my pharmacy certification within my first 30 days. I've had a couple of people check the computer system at the company's home office, and they found no bad things against me.....no customer, or employee complaints. SO home office also thinks there is no reasonable explaination for my termination. Yesterday I went to pick up my final check to find out that "someone" had accidently picked up my check and cashed it. My paystub was in a sealed envelope, my name and social security number written on the front, my pay stub and cash inside this envelope. If for any reason that enevelope had been dropped, I could have lost a lot of things from 1 so called mistake. I know that you can't just accidentally give out a paystub, seeing that you have to sign for it to pick it up. Do I sue?
2007-12-13 00:55:42 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
For what damages?
Waste of time and money.
2007-12-13 01:01:48 · answer #1 · answered by wizjp 7 · 2⤊ 0⤋
In regards to your termination, there is really no remedy here if you live in at-will state. You can be fired for any reason other than race, religion, age, or a similar protected status. If you live in a right to work state, you might have a case. Its really hard to get an attorney to take those cases.
In regards to your paycheck, there are two issues. First, liability. I think the employer had a duty to safe keep your personal information and paycheck. The second element in any lawsuit is damages. Here you have little or no damages unless someone steals your identity or something happens. Most attorneys would not accept this case, as you really are without a adequate remedy that would be cost effective to pursue. However, you may want to contact your State Attorney General and ask for assistance. Also, don't forget to get a copy of all three of your credit reports. I am sorry your employer fired you.
2007-12-13 01:42:34 · answer #2 · answered by WVAttorney 3 · 0⤊ 0⤋
Reasonable case for what? Because you "could" have lost something -- you cannot sue for could have.
Because you were terminated? Unless you have an employment contract you can be terminated for any reason or no reason in most states. Within the 90 days most companies consider probationary you can be terminated for not being a good fit or any other reason (or no reason at all).
There was a mistake - you got your money and you lost nothing therefore you have no damages for which to sue.
2007-12-13 01:06:12 · answer #3 · answered by Susie D 6 · 0⤊ 0⤋
Sue them to the teeth for failure to honor fiduciary requirements (mis-handling of someone else's money). In fact, with a lawyer's help you might even find a CRIMINAL charge to consider.
The catch for termination within a probationary period is that they don't have to have a good reason to terminate. Most states recognize probationary periods as "special cases" and will not push issues of wrongful termination. Had you been declared a "permanent" employee (i.e. probation terminated), wrongful termination could be actionable.
Certification or not, I don't think there is an action for the termination.
2007-12-13 01:25:53 · answer #4 · answered by The_Doc_Man 7 · 0⤊ 0⤋
I was fired from a job a few months ago, and wasn't given a reason. I contacted a lawyer, and was told that the first thing I should do is contact the EEOC. If the EEOC believe you have a possible reason to sue they will send you a questionere. Once you send that in, they will decide. They will either refuse you or they will give you a notice of right to sue. If the EEOC gives you a notice of right to sue, you will have no problem getting a lawyer who will take it. You just need to decide if that's want you want, because you only have 180 days from the date you were terminated to file with the EEOC.
2007-12-13 01:14:14 · answer #5 · answered by a TRUE American 2 · 0⤊ 0⤋
The cashing your check thing is bizarre. I've never been involved in an employer dispute. My sister has and she found that unless your lawyer is going to receive a big chunk of cash, it's hard to find someone to represent you.
It may be different where you live. Out here in CA every lawyer I've ever met is a greedy ***.
But cashing your check for you seems like they have broken quite a few laws. Call a lawyer, call several, and go for it.
2007-12-13 01:33:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You have no cause of action to sue for. You being terminated is fine. Most states have at will employment. This means that you can be fired, let go, terminated or can quit for whatever reason at any time.
As for your paycheck being cashed, you lost nothing, you have no damages. You may want to keep track of your credit history to make sure nothing suspicious appears, but at this point, you are SOL (and that's not statute of limitations).
2007-12-13 01:20:21 · answer #7 · answered by Lawman03 5 · 0⤊ 0⤋
Unfortunately during your 90 day probationary period, they can let you go at any time.
2007-12-13 01:33:49 · answer #8 · answered by jennyღ 5 · 0⤊ 0⤋
ure going to be rich
2007-12-13 01:02:09 · answer #9 · answered by lol; 1 · 0⤊ 0⤋
yes for forgery
2007-12-13 01:11:35 · answer #10 · answered by glamour04111 7 · 0⤊ 1⤋