If my son and I were fired because we were related to the manager and they knew this when they hired us, what are our rights?

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If my son and I were fired because we were related to the manager and they knew this when they hired us, what are our rights?

My son is the manager and was told to call us and tell us we were fired. No justification other then they made a new policy that relitives cant work there. Now today being pay day my son got his but mine is being held. Now they are magically claiming that I stole from them, with no proof and without telling me anything. I worked there for 6 months and my son for 5.

Asked on August 23, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you and/or your son had employment contracts which guaranteed your employment and/or limited the grounds for which you could be fired, you could almost certainly be fired for this reason. That's because without contracts, you would have been employees at will, and employees at will may be fired at any time, for any reason whatsoever--including a family relationship which the employer had been aware of.

However, they cannot withhold your paycheck, even if they believe you owe them money. They have to pay you for all work done; if they think you stole from them, their recourse is to either sue you for the money and/or report you to the police.


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