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Wrongful firing and withholding wages

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cbg

I'm a Northern Girl
There is no HR packet -- they never gave her a copy. That's probably a violation in itself.

Sorry, but you're wrong about that too. In no state, including MA, is there a requirement that there even BE an HR packet; let alone a legal requirement that the employee be given it.
 


commentator

Senior Member
Quote: No one is asking for unemployment benefits. Honestly, there is nothing either of us expects to gain personally from this, aside from the last $30 of Mary's paycheck. This employer treated her terribly, though, and in these couple cases we believe he has legal culpability, and it's more about holding him accountable than it is about what she can get back. Yes, you can be fired for most reasons in today's workplace, but I believe that calling out sick (when you really are sick, of course) is NOT one of those reasons. Sick time is legally protected, isn't it?

Again, her only legitimate recourse is that if she is terminated without a valid misconduct reason and she has the monetary eligibility, she could possibly get unemployment benefits. For you to decide she is "not interested in unemployment benefits" is rock solid stupid. Unemployment benefits are not a welfare program, and it is required that you sign up for them before you try to get any type of needs based assistance because you will only get them if you were terminated without a good cause or through no fault of your own.

And as I said before, the only place for her to air her grievances is inthe unemployment system. There IS no one else, no other system, no great bureau of fairness in the workplace where you can file a complaint against an employer. I'm counting that you've been told this, regardless of what you believe to be true about six or seven times already now.
 

swalsh411

Senior Member
Regardless of how you feel about that, I'd ask you to stay out of my personal life. I'm not asking for your opinion about whether it makes sense for me to ask the question here. I'm only asking for an opinion about the legal issues involved, which you completely ignored.
Let's get one thing straight. You don't get to decide what kind of advice the volunteers give you.

Secondly, you brought your personal life here so your request makes no sense.

To again answer your question with the same answer, your girlfriend can file an unpaid wage complaint for the $30 if she thinks it is worth her time. The employer may be able to show she agreed to this as a condition of employment if the property was not returned. Her terminating for being sick was not illegal.

Your claim that you legal question was ignored is silly and childish. You just don't like the answers.

Unless you have another job already why would she not apply for unemployment?
 

Hot Topic

Senior Member
WE are not required to give YOU legal answers about ANYTHING. That your girlfriend has apparently decided to let you handle matters for her is frightening. Someday you're likely to tell her how to dress, what kind of friends she can have, when she can visit with her parents and what kind of television shows she should watch. That need for control in a relationship prompts the problems we discuss on other forums. And if she were so upset about how things have gone, are going, she would have written herself.
 

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