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wrongful termination

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S

sirsay

Guest
What is the name of your state? Florida

My son was fired from his job of 5 months on Friday. The reason given was because he put 86 hours on his timecard instead of 80.

A little background...He worked for a small newspaper as a reporter. In December, he had been advised by his boss that they were starting a new paper and inferred that my son would be the editor. They had several discussions about this, all positive. He was given additional responsibilities but no more pay. When he asked for a raise, he was told he hadn't been there long enough. Also in December, he was hospitalized for a week due to a bleed in his brain from a congenital birth defect. His boss was generous enough to pay him for that week, however, he stopped all conversation re:the editor position.

My son has been putting in extra hours in an effort to show his appreciation for getting paid that week, hence, the 86 hours on his timecard. He did not expect to get paid for the extra time.

We believe his firing has more to do with the fact that he has to have surgery next week and will have to miss 1 day of work. It all just seems wrong. He never had any reprimands and worked very hard.

Was this a wrongful termination? Your advice is greatly appreciated!

The employer does not allow the employees to work overtime. Again, my son was not trying to "pull" anything...just show his boss his appreciation.
 
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HomeGuru

Senior Member
sirsay said:
What is the name of your state? Florida

My son was fired from his job of 5 months on Friday. The reason given was because he put 86 hours on his timecard instead of 80.

A little background...He worked for a small newspaper as a reporter. In December, he had been advised by his boss that they were starting a new paper and inferred that my son would be the editor. They had several discussions about this, all positive. He was given additional responsibilities but no more pay. When he asked for a raise, he was told he hadn't been there long enough. Also in December, he was hospitalized for a week due to a bleed in his brain from a congenital birth defect. His boss was generous enough to pay him for that week, however, he stopped all conversation re:the editor position.

My son has been putting in extra hours in an effort to show his appreciation for getting paid that week, hence, the 86 hours on his timecard. He did not expect to get paid for the extra time.

We believe his firing has more to do with the fact that he has to have surgery next week and will have to miss 1 day of work. It all just seems wrong. He never had any reprimands and worked very hard.

Was this a wrongful termination? Your advice is greatly appreciated!
**A: what were the employers rules of working overtime? Overtime or any actual hours worked must be paid for.
 
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JETX

Senior Member
"Was this a wrongful termination?"
*** Based solely on the information in your post, no.

"Your advice is greatly appreciated!"
*** You're welcome.

"The employer does not allow the employees to work overtime."
*** Then he shouldn't have 'worked' 86 hours in that one time period.

"Again, my son was not trying to "pull" anything...just show his boss his appreciation."
*** Next time, send flowers.
 

cbg

I'm a Northern Girl
"My son has been putting in extra hours in an effort to show his appreciation for getting paid that week, hence, the 86 hours on his timecard. He did not expect to get paid for the extra time."

It doesn't matter what his expectations were; under the law the employer MUST pay him for all the time that is worked. They would be in violation of the law to refuse to pay him for the extra time even if your son did not expect payment.

If there is a company policy that overtime must be approved in advance (and I realize that you did not say so; I am extrapolating from what you did say) then it is legal to discipline an employee for working unapproved overtime, up to AND INCLUDING termination. That does not constitute a wrongful termination.

BTW, even if you are 100% correct in your assumption of the "real" reason for the discharge, that's not a wrongful term either. Since your son had worked for the company for less than 12 months, he does not qualify for FMLA or any other protected medical leave.
 

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