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You want your sister in jail? Lovely family relationship going on there. How do you know she isn't reporting this income to SSA and the IRS?

To my knowledge, yes it would. But I am not an attorney, so I don't know how the discovery process works in a small claims action. Check back for further responses.

Are you still her legal guardian? Is the company subject to, and do you meet the criteria for, FMLA leave? http://www.dol.gov/whd/regs/compliance/1421.htm

Your only option is a small claims action. Neither the federal nor Virginia DOL gets involved with commission issues unless you are a nonexempt employee and the reduction of the commission amount resulted in you getting less than minimum wage.

It's not only legal, but common. I used to manage the payroll function for a large city, and that's how our union contracts read.

I just wanted to clarify that it makes no difference where the company is headquartered. The state law that applies is where the employee physically works.

Why does he think he is being paid less solely because of his age? Having said this, he needs to see a physician for his health issues and perhaps a job counselor to prepare himself to look for another job.

You're free to seek legal counsel, of course, but you can't sue for something that hasn't yet happened.

http://www.labor.ny.gov/formsdocs/wp/LS223.pdf You did actually perform the work in NY, correct?

Only a local attorney who has read the agreement in its entirety could tell you for sure, but based solely on what you have posted here, I wouldn't be optimistic. Many companies aren't giving raises these days. You got a free education. You may be wise to suck it up and do the time.

I still don't know what an attorney could do. He could not force the employer to change the termination reason on his records, nor change him from "not eligible for rehire" to "eligible for rehire". OP, have you filed for unemployment yet and, if so, has there been an initial determination?

Yes, and they were required to at least provisionally designate your leave as FMLA, whether you had paid time off to cover your absences or not. Contact the federal Dept. of Labor, which enforces the FMLA.

What did they mean by "you didn't need to file" for FMLA leave?

I agree with you. Did you make too much in salary (more than $900/wk) to file a wage and hour claim with the NY DOL?

You are SOL. Don't want personal information known, don't access your personal email account or other personal sites on the company computer. Have you suffered any damages (meaning, money) from this?

I don't see what an attorney could do for you. It is not illegal for an employer to fire an employee for away-from-work activities. BTW, it's not "free-will", it's "at-will employment" and you can google for the definition.

Plus, because civilians don't have the same seniority as active duty in a military setting. Go back and read my prior response.

Alternatively, I've also been told that if you keep asking the same question, you keep getting the same answer.

I believe I've seen this post before on another forum. It wasn't wrongful termination there either.

Agree, this was the correct legal answer. Short of an employment contract or CBA guaranteeing your working conditions, they can be changed at any time.