maelgrim
04-23-2006, 07:07 PM
I was employeed at a restuarant in Oregon as a exempt salaried head chef for over three months. I received a phone call from the owners boyfriend telling me that I was no longer employeed at the establishment. I am not quite sure if the owners boyfriend has any official attachment to the establishment, and when I tried to ask why I was terminated he gave no reason. Do I have any sort of legal grounds to file for a wrongful termination suite? If so, could you send me any links? Any help would be greatly appreciaited. Thanks.
Pattymd
04-24-2006, 07:18 AM
Based on what you have posted, this doesn't even come close to wrongful termination. A wrongful termination is when you are discharged for a reason that violates a particular law.
Have you asked the owner directly? If, in fact, the owner gave this task to her BF, it was not illegal, although I must admit it's a very poor decision and, frankly, I might even show up for work the next time I was scheduled and see what the owner says. Sheesh, what a chicken way to fire someone. :rolleyes:
maelgrim
04-24-2006, 08:03 AM
I thought that if I was an exempt salaried employee I was supposed to be given a reason for being fired? I never signed anything stating I was an at will employee. I am almost positive I was fired for the owner to supplant me with her boyfriend for less to no pay. So shouldn't I have been laid off instead of fired? If I find out the boyfriend has no official involvement in the business, but has access to my personel files what should I do? Am I entitled to severance pay? Thanks again for the help. It just really sucks, I was used to help these people get their restuarant off the ground and the week after the official grand opening they fire me, but in such a cowardly way. It blows.
I thought that if I was an exempt salaried employee I was supposed to be given a reason for being fired?
No, the law does not require that either exempt or non-exempt employees be given a reason why they were fired. There are a few states where, if you make a written request for it, the employer has to provide you with a "service letter" which includes, among other things, the reason for your termination, but Oregon is not one of those states. Exempt or non-exempt, the only thing your employer has to tell you is, Maelgrim, as of today your services are no longer required.
I never signed anything stating I was an at will employee.
Doesn't matter. Unless you are in Montana, you are an at-will employee unless you have a bona fide contract that says you aren't. At-will is the default.
I am almost positive I was fired for the owner to supplant me with her boyfriend for less to no pay.
Even if you are 100% correct, that is not illegal.
So shouldn't I have been laid off instead of fired?
Nothing in the law says so. Technically, "laid off" means you are subject to recall.
If I find out the boyfriend has no official involvement in the business, but has access to my personel files what should I do?
Nothing. The business owner can give access to the personnel files to anyone they want to.
Am I entitled to severance pay?
Only if you have a bona fide contract that says so. Nothing in either Federal nor state law makes severance pay mandatory.