How can i sue the company i work for?

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How can i sue the company i work for?

I have worked for a company coming up on 14 years now they make it to were all
employees are self-employed. I have worked for the same rate for years now and
recently i became ill and cut back on my hours after getting better i picked up
some more work but limiting the days i have. Not working nights. They started
shorting me work and now because the owners wife is upset i wouldn’t work on a
Sunday they have stopped sending me work. Now i am out of a job and have bills,
kids a family they give me no warning. They under pay me and over work me. I want
to sue for wage loss i have a new job starting but not til April so i want to sue
for what i would make until then which is 350 every two weeks do i have a case?

Asked on November 22, 2016 under Employment Labor Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

Did your employer's action violate the terms of any applicable employment contract or union agreement? Did it in some way constitute some form of legally actionable discrimination or retaliation? If not, then you have no claim here. As an "at will" worker, your company was free to set the conditions of work much as it saw fit. This included when to terminate you and why. In fact, in most cases, an employer can be discharged for any reason or no reason at all, with or without notice.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You do not have a case for not working for 5 months, since unless you had a written employment contract which guaranteed you employment or prevented them from firing you for this reason or in this way, you were an "employee at will" or (since you state you were self-employed), an "independent contractor" without a written contract. Employees at will or independent contractors without written contracts may have their employment terminated at any time, for any reason whatsoever, including not working on a Sunday. Similarly, you can't sue for not getting hours or work, or having your hours or work reduced--when there is no written employment contract, the employer, not employee, determines hours, schedule, etc. Without a contract, you don't have any rights in or to your job; the employer can take away your job whenever they want.


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.

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