I work for an independant contractor. I've been having problem with my paycheck for some time, since I don't know how much I'll get pay until I get my paycheck, even thou I worked the whole week, then I have to call him so he can explain why I'm not getting the total amount. The last time this happend I inquired with his boss, since he was not available and for this he's firing me. Is there's some law that can protect me???
How do I know if I was wrongly terminated?
- Thread Starter joseomar
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cbg
Super Moderator
Probably not, but you didn't include enough information to say for absolutely certain.
A wrongful termination means that it was ILLEGAL for the employer to terminate you for the reason he did. That happens far less frequently than most people suppose.
You do not say why your checks have been short and it makes a LOT of difference to the question of whether your termination is wrongful or not. In addition, state law matters.
So I can give you more information if you will answer the following:
1.) What reasons have you been given for the short paychecks?
2.) What state are you in?
3.) Who SPECIFICALLY have you talked to about the checks? Your boss? His boss? Anyone outside the company?
A wrongful termination means that it was ILLEGAL for the employer to terminate you for the reason he did. That happens far less frequently than most people suppose.
You do not say why your checks have been short and it makes a LOT of difference to the question of whether your termination is wrongful or not. In addition, state law matters.
So I can give you more information if you will answer the following:
1.) What reasons have you been given for the short paychecks?
2.) What state are you in?
3.) Who SPECIFICALLY have you talked to about the checks? Your boss? His boss? Anyone outside the company?
Thanks for replying to my message
Here are the answers to your quiestions;
1) He had to do a settlement with the company, but I thought I worked for him, not the company.
2) I'm in Georgia.
3) I've talked only to my boss and his boss.
I'm retired military, this is the first time I work for one person. I just want to make sure he had the right to fire me.
Here are the answers to your quiestions;
1) He had to do a settlement with the company, but I thought I worked for him, not the company.
2) I'm in Georgia.
3) I've talked only to my boss and his boss.
I'm retired military, this is the first time I work for one person. I just want to make sure he had the right to fire me.
cbg
Super Moderator
Yes, your boss has the right to fire you. In the private sector, employment in every state but Montana (and even including Montana in some cases) is considered to be at-will. That means you can quit at any time and for any reason, and you can be fired at any time and for any reason that does not specifically violate the law. The question here, is whether ot not your boss's reason violates the law.
Given the information you have provided, no, you were not wrongfully terminated. I'll explain why:
Your boss is required, under the law, to pay you the full amount due you. However, nothing in GA law offers you protection if you make an internal complaint. If you had gone to the GA DOL and complained about the short checks, and then you had been fired for that, that would have been a wrongful term, because the law does offer you protection if you complain about illegal activity (not paying you in full) to the appropriate regulatory agency. But you don't have protection for, in effect, going over your boss's head to complain.
I want you to understand that I am not defending your boss. It was morally and ethically wrong to fire you for complaining about the short checks, even if it was not illegal. But nothing you describe gives you LEGAL recourse.
While you have no recourse for the firing, you do have recourse for the short checks. It is not entirely clear if you actually are an independent contractor, or if you are an employee being treated as an IC. If you actually are an IC, there is nothing in the world stopping you for suing him in small claims court for the amount still due you. If you are an employee, then you would need to file a wage claim with the GA DOL.
Given the information you have provided, no, you were not wrongfully terminated. I'll explain why:
Your boss is required, under the law, to pay you the full amount due you. However, nothing in GA law offers you protection if you make an internal complaint. If you had gone to the GA DOL and complained about the short checks, and then you had been fired for that, that would have been a wrongful term, because the law does offer you protection if you complain about illegal activity (not paying you in full) to the appropriate regulatory agency. But you don't have protection for, in effect, going over your boss's head to complain.
I want you to understand that I am not defending your boss. It was morally and ethically wrong to fire you for complaining about the short checks, even if it was not illegal. But nothing you describe gives you LEGAL recourse.
While you have no recourse for the firing, you do have recourse for the short checks. It is not entirely clear if you actually are an independent contractor, or if you are an employee being treated as an IC. If you actually are an IC, there is nothing in the world stopping you for suing him in small claims court for the amount still due you. If you are an employee, then you would need to file a wage claim with the GA DOL.
was terminated while on dissability
I Was Terminated After An Auto Truck Accident In Ohio. Accident Was Not My Fault. Recieved Letter From Company That They Were Putting Me On Family Leave And My Insurance Would Be In Force. Then 6 Days After Being On Dissability Was Terminated. I Had An Unauthorize Passenger With Me . Could"nt Get Hold Of My Dispatcher To Ok, And When You Do Call Them They Never Answer Their Cell Phones. Was This Legal?
I Was Terminated After An Auto Truck Accident In Ohio. Accident Was Not My Fault. Recieved Letter From Company That They Were Putting Me On Family Leave And My Insurance Would Be In Force. Then 6 Days After Being On Dissability Was Terminated. I Had An Unauthorize Passenger With Me . Could"nt Get Hold Of My Dispatcher To Ok, And When You Do Call Them They Never Answer Their Cell Phones. Was This Legal?
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