In California, and every state across the country, employers are rightfully able to terminate the employment of anyone that is working for them. However, this termination must occur in accordance with certain legal guidelines otherwise it may be considered wrongful. If an employer wrongfully terminates one of their employees, then they may face legal ramifications.
A former U.S. Marine that was an employee at a 7-Eleven store in California has filed a wrongful termination suit against his former employer. The lawsuit arose as a result of a wage and hour dispute. The former Marine claims that the company's decision to fire him is in direct violation of California's labor law.
The man initially took the job because, although it only paid $8 per hour, it was an overnight shift. Since his time spent in Afghanistan he has been unable to sleep at night. He was asked to promote the store for their grand opening. According to his suit, he worked hard to promote the store and bring in friends and other customers. However, he was not paid for his time spent promoting the store outside of his already 40-hour-per-week shifts and he did not initially ask for the overtime pay.
The situation began to worsen when something went wrong with the way the employer was issuing paychecks and the man was forced to choose whether he'd prefer direct deposit or his paycheck put onto a debit card. Although he chose the second option, he went a month without receiving pay. They also allegedly owed him about 50 hours of overtime.
When the man this time asked to be paid for his overtime he was denied the pay and was soon after fired. According to his lawsuit, he is convinced that he was fired because he asked to be paid for the time he worked past 40 hours each week.
When an employee finds themselves in a situation like this, it is important to act as quickly as possible. The good news is that there are lawyers in California that are experienced in these types of wage and hour violation cases. They can immediately begin an investigation to ensure the employee receives all compensation to which they are entitled.
Source: Lawyers and Settlements, "Former US Marine Wrongfully Terminated from California 7-Eleven Store," Jane Mundy, Feb. 10, 2014