Wrongful termination

[eerelations]

Mandatory overtime is perfectly legal.

You know your employer didn't have to come up with any reasons to justify your termination. Your employer could have fired you for no reason whatsoever, and that would have been perfectly legal.

 

[cbg]

"Retaliating" against you because you complained about overtime is 100% legal.

And even if it weren't, you handed them a reason on a silver platter. It is also 100% legal to fire you for taking medication which was not prescribed to you.

Oh, did you happen to miss the fact that you committed a crime when you did that?

 

[cbg]

Also. Shouldnt they have terminated me immediatly after i gave them the bottle? They sent me home to tend my injury with no clue of there intent. Tben called me the next day to terminate me. Idk how true this is bit i was told they cannot fire me over the phone. Is this true or not

No. It is not true. They can fire you over the phone, by fax, by email, by text message, via Skype, by carrier pigeon, or by smoke signal. The law does not place any limitations on the method they can use to fire an employee. Nor does the law require that you be fired immediately; in fact, the law would prefer that they take the time to do an investigation (although it would not be illegal if they had fired you immediately).

Nice try, but no cigar.

 

[Zigner]

Skywriting would have been legal too ---

Hey, I think I see a new business opportunity!

 

[swalsh411]

Appeal the unemployment denial. A reasonable case can be made that taking perspeciption drugs not perscribed to you is not misconduct as long as the usage was not at work and there was no safety issues with your job duties. There was a case I read about recently where an employee was fired because their boss found a picture of them smoking pot. The employee admitted to smoking pot but there was no evidence he ever smoked at work or came to work stoned and the decision after the appeal that there was no misconduct.

 

[commentator]

Yes, forget all these issues about what the employer can or can't or is supposed to do. They can pretty much do anything they darn well please. Your going back into the room and begging them to help you and asking was I fired or not yada yada yada did not do you any good as far as making them want to terminate or not terminate you.

But if you have believed them or somebody else who said you can't get unemployment insurance, forget that, and file yourself a claim for benefits. Stick with the reason you were told when you were terminated as to why you were being terminated. (Regardless as to whether it was by phone, word or letter) Do not bring in everything else in the world like they were mad about this and that and they weren't paying the employees this and that. That's not relevant to your situation.

But yes, even if you are terminated, you can get approved for unemployment insurance if the employer cannot show they had a good work related reason why they terminated you. And as swalsh says, there's a pretty good chance that what you say is the reason they termed you is not going to disqualify you for benefits. The employer does not get to say whether or not they want to give you benefits, they don't decide that. And you have absolutely nothing to lose by filing the claim.

It is also the ONLY recourse you have, as there is no bureau of fairness or court case or anything that you have to appeal, fight, sue about, etc. in this at will state.