What todo if I was fired from my job based on hearsay and no proof?

I was not given a chance to defend myself or anything. Can they legally do this? Plus, they took out $423.12 from my check under employee charges. I’m assuming it’s for back rent but that isn’t stated on my check stub.

Asked on December 25, 2010 under Employment Labor Law, Montana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I'm afraid that you have no legal recourse for a wrongful termination claim.  The reason is that most employment relationships are what is known as "at will"; meaning that you can choose to work for an employer or not and an employer can hire or fire you for any reason or no reason.  While seemingly unfair it's the law.  Exceptions to the above would be if this action was not allowed by virtue of an employment contract, union agreement, or official company policy statement.  Also, discrimination must not have played a role in your termination.  Absent any of these circumstance your firing was lawful.

As for the deduction to your paycheck, an employer cannot just take the money out of an employee's paycheck without permission unless the terms of an employment allowed for this.  For example, if there was a stated company policy or an employment/union contract that provided for this.  If you think that this deduction was wrongfully made, you can file a claim with your state's department of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.