Is this Wrongful Discharge

I worked as Call-Center Team Lead here in Cleveland, Ohio. Several weeks ago my Director brought to my attention a letter that someone sent anonymously to the CEO stating that our new director was racist and that he only respects me and involves me in meetings. During this time the Dir informed me that the CEO wanted him to terminate me. The dir refused to terminate me because the statements in the letter were false, etc. I decided to take two days off using my PTO time. On Tuesday while I was off the dir resigned from his position. I return to work on Wed as usual and go on about my day. On Thursday payday I notice my check was short $242 this being the last paycheck before Christmas and other financial obligation I went to the payroll dept and had them look at my check. I spent two hours there and was advised that another check will be issued within an hour from our vendor. I followed up 2 hours later with e-mail and no response then I call over to the payroll dept and was informed that I will not be getting a check. I demanded a manual check be issue as I no the company is always short on employees checks and employees have to wait until the next pay period to be paid and I couldn�t wait until next pay period for my check. I contacted the board of directors and informed the HR dir that I was going to file a compliant with the DOL if a check is not issued. Shortly after my statement that dir contacts the CFO who issues a check. I then follow-up with e-mail and apologized for my behavior and stating I was going to contact the DOL. I explained that I am under a lot of stress with financial obligation that I rely on my check to be accurate every pay period. The next day 12/15/06 I was told that my behavior regarding my check was inappropriate and that my employment relationship was being terminated. I have been with this company since 12/21/05 and never been written up, coach about anything or had any performance problems. Can I be terminated for demanding my check? Or stating I am calling the DOL? I did not threat or cause harm to anyone just simply asked for my correct amt of money that was owe to me. We have about 300 employees and there is no poster listed about EEOC, FLSA etc� I have already contacted my local EEOC office and they are working on the investigation.

1 answer  |  asked Dec 20, 2006 5:25 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You may be able to sue for retaliation

You were well within your rights to ask for an accurate paycheck. You are also allowed to place your employer on notice of your intent to take enforcement action to collect your pay. Although the DOL may not be able to force your employer to pay more than the minimum wage in any one week, if you in good faith believed that the DOL had jurisdiction over your pay issue, you were entitled to place your employer on notice.

Separately, Ohio law requires an employer to timely pay wages. Failure to include part of your pay could violate this law. Hence, you were within your rights under state law as well to ask for your pay.

If you cannot find new, comparable employment and thereby lose wages, you may have a claim for retaliation. Call me at 330.665.5445 if you would like to schedule a consultation to explore pursuing this claim. We charge $200. for the consultation. Another route for you to pursue is through the DOL. Even though you did not go there with your initial complaint of unpaid wages, you could still go there with your complaint of retaliation for asking about those wages.

As for the EEOC, it will be able to help you only if the termination was motivated by your race, age or other protected status. While a complaint of racism appears to have started the ball rolling towards your termination, it looks like your complaints are what led to your employment demise.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Dec 22, 2006 12:25 PM [EST]

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