• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongful termination, possible discrimination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

2hrs

New member
#1
What is the name of your state? Indiana
I WAS PUT ON ADMINISTRATIVE LEAVE FOR INSUBORDINATION ON 11/8/18. I WAS CALLED IN FOR REVIEW AND TERMINATED ON 11/14/18. THE PROBLEM IS THAT I FOUND OUT TWO WEEKS AFTER THE FACT THAT I WAS ACTUALLY TERMINATED ON 11/8 AND IT WAS DELIBERATELY WITHHELD FROM ME. IS THIS LEGAL?
My separation documents were signed 11/14. I applied for unemployment and the state was told my termination was 11/15. I received insurance documentation this morning that states I was, indeed terminated on 11/08 under the guise of being put on administrative leave for one week. Upon checking the benefits department of my employer, it was VERIFIED that my employer terminated my employment on 11/08 without informing me, therefore, stringing me along for a full six 6 days and lying about it to me and the State of Indiana.
I HAVE BEEN DENIED VARIOUS TRAINING THAT YOUNGER EMPLOYEES WERE PARTY TO FOR THE PAST YEAR AND A HAlf TO WHICH I HAVE DOCUMENTATION OF THE COMPLAINTS.
I think this might have been about skirting the discrimination. I was a regular, un-exempt, hourly employee.
 


cbg

I'm a Northern Girl
#6
It is legal because, odd as it may seem to you and me, there isn't any law that requires an employer to tell an employee they are terminated.

Since there is no law requiring that they tell you, failing to tell you is not illegal.
 

eerelations

Senior Member
#7
Regarding the potential illegal discrimination, how old are you? What was the reason you were given for being denied the training? To whom did you complain about this? When was the first complaint? When was the most recent complaint? How many complaints did you make?
 
#8
Were you paid for every hour you spent actually working? If so they have fulfilled their wage requirement, which pretty much is the only law that exists that applies. They must pay you at least the legal minimum wage for every hour you worked. Otherwise, absent a union contract or some special protection of this type, they can do anything they please, simply because there is no law against it.

Your eligibility to be paid unemployment insurance benefits ( if you have monetary eligibility and your claim is approved) begins with the first week (Sunday through Saturday) that you did not work or did not work enough in that week to make more in gross wages than your weekly unemployment benefit amount. They'll know how to call it.

But there have been many employees sent home on unpaid administrative leave who never hear from the employer again. You were free to file a claim for unemployment as soon as you were on unpaid leave (you can actually file an unemployment claim at any time, working or not) and the system can begin processing your claim as soon as you file it, though you may have to request to be backdated if you did not file immediately and they may or may not grant the backdate.
 
Sponsored Ad

Top