If I was fired due to false allegations and only received my lunch break for the last 3 months, do I have a case?
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If I was fired due to false allegations and only received my lunch break for the last 3 months, do I have a case?
I was being discriminated by my manager and his boss because I made too high a wage. I was will this company for 3 years.
Asked on December 8, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) It doesn't matter if the allegations are false: unless you had a written employment contract which limited the reasons or way you could be terminated, you were an employee at will and could be terminated at any time, for any reason--including false allegations.
2) The law lets a company elect to terminate higher-wage or higher-cost employees, unless again, there was a written employment contract to the contrary.
3) If you were an hourly employee and worked at least 6 hours a day, you were owed an unpaid 30-minute lunch break each day. However, you would only have a claim for compensation now, after the fact, if you worked during lunch without being paid for it (if this happened, speak with the state department of labor about filing a wage and hour complaint). If you didn't get a lunch break but were paid for all time worked, you were paid properly and do not have a post-termination claim.
Salaried employees also would not have a claim.
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