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Stunned...Fired for rights?

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3dogmom

Guest
What is the name of your state? Massachusetts

I was working for a doctor. The staff consisted of his wife, myself and a part time hourly employee. I got a salary due to the fact that he didn't want to pay overtime. My work schedule was roughly 9am to 7:30pm with an 90 minute lunch break, M-T-W-F. Thursday's we were closed. My "contract stated that we only observed "major holidays". In the 4 years of my employment there, my Thursday became a floater day. Meaning if The 4th of July was on Friday, I was required to work on Thursday instead. I would get the "holiday" off but was required to "make it up with my Thursday. The part time employee was 5 days a week and was always given the holiday off with pay. Two weeks ago I asked for the day after Thanksgiving off, this created a problem for the wife due to the fact that the part time employee already requested the day off. I complained saying that she was the only one to get a holiday and I was tired of being treated unfairly. The doctor got involved saying that he I should have spoken up sooner rather than making a fuss about eveything. We made an agreement about holidays, shook hands, went home. The next morning I was terminated. Fired because he said I had an outburst. I was to get 2 weeks severence. I did not receive my wages or vacation pay at the time I was fired. I have gotten my last paycheck in the mail, called about my vacation pay and severence but have seen nothing. Sorry if I am rambling.. my questions are: Was I terminated wronfully for complaing about my right for holidays? Massachusetts law states that you must be paid your wages and earned vacation at the time of termination. Will I be denied unemployment? Thanks for your time.
 


JETX

Senior Member
"Was I terminated wronfully for complaing about my right for holidays?"
*** No. You were an 'at will' employee and can be terminated for any reason, as long as it was not discriminatory (age, race, disability, etc.).

"Will I be denied unemployment?"
** Based solely on the information YOU provided in your post, I would think you would be eligible. However, that is up to the state evaluation.
 

cbg

I'm a Northern Girl
Under neither Massachusetts nor Federal law do you have a "right" to any holidays. They are granted solely at the discretion of the employer.

You are correct that you are due any earned but unused vacation (althought NOT sick time, personal time, or - sorry - holiday time) under MA law, and if you do not receive it, you can file a complaint with the AG's office - the phone number is 617-727-3476. However, neither MA law nor Federal law makes severance mandatory.
 

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