Newlyweds need some legal advice!

[MauraF]

What is the name of your state? Minnesota

My name is Maura, and my husband was let go from his job today. I do not feel as though the grounds for his termination were legal, and I need to know if they are or not. Please, someone help! :c)

My husband began employment in April of 2005, and prior to his hiring, he told his employer that we was not available to work from June 11th, 2005-July 10th, 2005 because of a previous commitment (we got married and had our honeymoon, all tickets were purchased and there was no way they could be changed). The employer hired him with full knowledge of this, and said that would be fine. During the time of his employment, there were several days where my husband was forced to work more than eight hours with NO break at all, including no time to eat a meal. My husband verbally addressed this with his employer, and the problem was not rectified. Labor laws were not posted anywhere. The week before my husband left for a month, he spoke with his employer to make sure he was still going to have a job, and his employer told him, point blank, that he was guaranteed a job upon his return. His employer called him today, July 9th, 2005, and informed him that they no longer needed his services. Initially, he said it was because the employer could no longer afford to keep him on due to the high costs of starting up a business. However, when my husband asked him at least two more weeks of employment or at least a severant's pay, his employer began yelling at him and told him that he was let go because he was not pleased with his performance. We are submitting a written request to him on Monday asking why he was terminated, but I'd like to know if there is any other legal recourse we can take.

Any advice is appreciated.

 

[cbg]

Based on the info in your post, your husband's termination was legal. Unfair, perhaps, but legal.

Minnesota law is different than that of most states in that it does not specify exactly how long a break an employee is entitled to, but simply says, "adequate time" to eat a meal and use the restroom. The only other specification is that IF the break is less than 20 minutes long, it must be paid. Obviously there can be a great deal of disagreement as to what consitutes "adequate time". You can see the law here: http://www.doli.state.mn.us/breaks.html

Nothing whatsoever in the law makes it illegal for him to be required to work more than 8 hours in a day unless he has a bona fide, enforceable contract that says otherwise.

It is illegal for the employer to fail to have the mandatory posters in view, but unless your husband was fired for reporting the lack to the state DOL, that is irrelevant to your husband's termination.

Minnesota is an at-will state, which means an employee can quit at any time and for any reason, and an employee can be fired at any time and for any reason that does not violate the law. It is not illegal to fire someone for either of the reason the employer presented. I have personally seen a business go from profitable and thriving to needing to cut staff to the bone in order to stay alive, in far less time than one month.

Even if, as I suspect you are thinking, he was fired for taking the months leave at the beginning of his employment, that is still legal EVEN IF it was approved prior to hire. I agree it was unfair. It still was not illegal.

You are lucky in that you live in one of the few states where you do have the right to a service letter showing the reason for the termination. In most states the employer has no legal obligation to provide that.

Based on the info in your post, the ONLY way I see a legal cause of action for your husband is if he can come up with some kind of evidence that he was fired SPECIFICALLY BECAUSE he complained to the employer about not receiving a break. Otherwise, this is going to fall into the "unfair but not illegal category".