I see a lot of false claims here about job protections and legal options in the United States that unfortunately are patently false. I know that the legal repercussions revenge fantasy is a lot of fun, but before you confidently comment about OP’s “slam dunk case” or advise they “lawyer up” for a huge settlement, please ask yourself: did you see this on TV, or are you actually clear about the law? Off the top of my head, I’ve seen a lot of false information about the following:
- Unfortunately no, all/most unemployment attorneys do not work on contingency. I’m sure some do, but it’s hardly universal
- They also don’t necessarily offer free consultations
- If you are employed at will, you probably cannot sue for getting fired unless you were fired for being part of a federally protected class or as a result of retaliation. Your laws may vary by state. There are exceptions. Read more about wrongful termination here.
- If you are in an at-will state (and every state but Montana is at-will) you can be fired for literally anything that is not protected – including asking for a raise, not being available for shifts outside of the availability you already provided, not being able to come to work due to adverse weather events, etc. You can be fired for wearing a red shirt if your boss prefers blue. You can be fired for drinking Coke if your boss likes Pepsi. You can be fired for driving the wrong type of car.
- There are a few exceptions, and they vary by state. More about exceptions
- There are no federal laws mandating breaks and meal times under the FLSA. Laws vary by state.
- FMLA provides protections, but not pay. Sick pay and leave pay varies by state.
- Unemployment varies state to state. Generally if you are unemployed though no fault of your own, and meet work and wage requirements, you should be able to get it. You may be denied if your employer can show you were fired for “just cause”. Again, this varies state to state. Having said that, you should apply anyway – there is no penalty for being denied!
- Know that your personal experiences are not necessarily universal. If you won a suit or a payout based on something not mandated by law, that’s great – but consider that your experience may not apply to everyone.
Here’s what you can and should do:
- Educate yourself. Learn as much as you can about federal and state law pertaining to your employment. Read your employee handbook – and know that just because your employer states something in their rules, doesn’t necessarily mean it’s legal.
- JOIN YOUR UNION. These are the people fighting for you. If you are in a union, learn what protections your union provides.
This is all really complex, and I’m trying hard not to make the same mistake I’m complaining about by providing false information – please correct me if I got something wrong. Know the laws in your state and for your profession. Protect yourself by learning as much as you can. And please, at least google it before you confidently state something as fact.
Tldr: federal employment protections in the US are awful. Know your local laws. Stop giving bad legal advice.