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My inquiries are in regards to small business employment. Might I have a case, should I seek counsel? Thank you kindly.
Anonymous2 views4 answers
I was Laid-off today by a florist who claims I didn't uphold her standard of business discretion. However, I was never presented with a privacy policy or instructed to sign a confidentiality agreement of any kind, ever, during my employment. I have worked in the medical field in the past, & I do have a thorough understanding of confidentiality, therefore I am confused by this. This employer has also neglected to issue pay on a regular schedule, she also, without informing me, and without my permission took money from my payroll check, she makes employees roll over any overtime hours to the next pay period, so no one is ever eligible for a overtime pay rate, & does not reimburse employees for using their own vehicles for deliveries. Also, OSHA has been notified of unsafe conditions.
An employer can terminate an employee for any reason, good or bad, or even for no reason at all, unless the employee is protected by a union contract or the termination was based upon discrimination due to membership in a federally protected class of person (race, religion, gender, etc.) Written policies to which you refer are probably not required. However, you might have an action based upon wage violations. Speak in person to an employment lawyer to outline your facts in more detail to receive guidance and learn what if any options you may have. In the meantime, file for unemployment compensation and look for a new job. Best wishes to you.
Illinois is an at-will employment state. This means that unless you have an employment or union contract that says otherwise, your employer can fire you for almost any reason, or even no reason at all. There are exceptions, such as if your employment termination was based on your membership in a protected class, such as race, national origin, religion, etc.
Your former employer is not allowed to "roll over" hours into another week. If you worked more than 40 hours in one week you are entitled to overtime pay. You might want to contact an employment law attorney with regard to this, as well as her taking money from your check.
Assuming by "laid-off" you mean fired, you don't provide enough information to give you a reasonable response. Because you were an at-will employee (I assume), you can be terminated for any reason – the law doesn't even require a reason – as long as the reason doesn't violate one of the very few specific prohibitions in the law. In other words, even though her claim of privacy violations may hold no water whatsoever, you don't have a case unless the real reason for your termination was based on, for example, your membership in a protected class, etc.
If you complained about her wage and hour policies to a governmental entity, or your employer believes that you did so, you may well have retaliation/whistleblower case. If your employer knew of your complaint to OSHA prior to your layoff, you could very well have retaliation/whistleblower case available for that as well. You almost assuredly have a complaint for overtime pay: you are entitled to time in half for any work over 40 hours in a given work week (unless you are an exempt employee).
There may well be other matters that arise from the facts of your situation. However, you are going to need to do a real consultation with an attorney who concentrates his or her practice in employment law/wage and hour work. There are many fine employment lawyers in Central Illinois including the Peoria area. I suggest you contact one as soon as is possible!
I agree your description indicates you were an 'at will' employee which does mean that you can be fired for any reason. If the florist still owes you money, then of course you are entitled to that sum. You should file a claim for unemployment insurance while you are looking for a new job.
