What will be outcome of suing or is it worth it if my employer fired me with no reason to back it up?

UPDATED: Sep 30, 2022

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What will be outcome of suing or is it worth it if my employer fired me with no reason to back it up?

Another server complained about me taking her table, so she approached manager who is bi-polar. He was aggravated and fired me and the other server on the spot. I was not told what was said. I am a very good worker and pick up extra shifts, so this was very spontaneous. I’ve experienced verbal abuse from this employer. He has told me that if I drop another plate he will go to my house f*ck my mother in the a$$ and pi$$ in her mouth. Also, the day he fired me out of nowhere he refused to give me the money I was owed for my tips. I have pictures of the checkout with the information stating the tips I made and money I owed and he refused to give me. It is illegal to withhold my pay. I need to know if this is a case or just a bad manager.

Asked on November 30, 2016 under Employment Labor Law, New Jersey


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

Answered 6 years ago | Contributor

First of all, while your treatment was crude and totally unprofessional, it was legal. That is so long as it was not due to some form of legally actionable discrimination/retaliation or violated the terms of any union agreement or employment contract. The fact is that in an "at will" employment relationship, a company can set the conditions of the workplace much as it sees fit. This includes who to fire and why. In fact, a worker can be discharged for any reason or no reason at all, with or without notice. That having been said, if you were not paid what was owed you, you can file a wage claim with your state's department of labor and/or consult directly with an employment law attorney.

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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