Can I file a class action suit against my employer for firing me for not revealing my full name to customers that I am collecting payments from?
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Can I file a class action suit against my employer for firing me for not revealing my full name to customers that I am collecting payments from?
After 4 years of doing collections, my former employer fired me today because I refuse to give customers my full name when I am calling them to collect on delinquent auto loans/signature loans. They claim under FDCPA it is required but I researched that it only states must give name, it does not specify first last name.
Asked on May 20, 2016 under Employment Labor Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As an "at will" employee, you could be fired for any reason or no reason at all. That is unless some form of legally actionable discrimination was the reason for your termination (it was not) or you had some protection from this action under the terms of an employment contract, union agreement or company policy. The fact is that most employers can set the conditions of work much as they see fit or deem appropriate.
Further, a class action suit is not applicable here; such cases are for large groups of people (i.e. the same "class") who have suffered the same harm.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First, if only you are suing, that's not a "class action" suit: a class action suit is a suit by a large class or group of people, like, say, all Volkswagon owners who were defrauded by buying cars that pollute a lot more than VW said.
Second, if you did not have an employment contract, you were an employee at will and therefore could be legally terminated for any reason whatsoever, including that your employer believes (even if incorrectly) that you were supposed to give your last name, too. As an employee at will (someone without a written employment contract), you essentially have no right to not be fired.
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