Is this wrongful termination?

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Is this wrongful termination?

My employer paid me a check last pay period. She said because my direct deposit didn’t go through. I didn’t catch it until about a week later but she never came to tell me anything. Today I was fired because of it. She kept my paycheck for this period and also told me that I wouldn’t be receiving my next 1 day check for the 16th, next pay period, my check this pay period was 3 dollar shy of paying the back which is fine. I get it. However, I honestly don’t understand why I was fired for this. It even says on my pink slip that it was an error on their part.

Asked on October 2, 2019 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you did not have a written contract which was violated by your firing, or you were not fired due to your race, color, national origin, age 40 or over, sex, religion, or disability, your termination was almost certainly not wrongful. When there is no written contract to the contrary, you are an "employee at will" and may be terminated for any reason, including unfair or unreasonable ones, even including due to other people's mistakes, not your own, so long as the termination was not due to one of the types of discrimination discussed above. There is actually almost never wrongful termination in the U.S. due to the doctrine of "wrongful termination." So they could legally fire you because they made a payroll mistake and are annoyed or embarassed, etc. by it.


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