What will be outcome of suing or is it worth it if my employer fired me with no reason to back it up?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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