Legal Question in Employment Law in Massachusetts
I was recently terminated at my bank due to an issue with punch time. For the entire two years I've been there, I and other employees were always paid for arriving ten minutes early and to do a brief security check in the parking lot before walking into the bank. Now whether it was due to someone else running late or the computer system not loading right, I have always had my manager adjust my time and others for when we arrived to do the mandatory security checkpoint, no objections by mgmt. About two weeks ago, my new manager informed me of my termination claiming that it is a human resource policy that punch in time is when employees are open at their station ready to take customers.
Instead of informing me of this, they automatically terminated for asking my time to be adjusted on one particular time for when i arrived to do the security checkpoint. My asst. manager, who has the power to adjust the timesheets, was not fired and never informed me of this. HR has failed to keep in touch with me on resolving this, do I have a legit case for wrongful termination?
2 Answer from Attorneys
Based on what you wrong, I think you likely have a claim under the anti-retaliation provision of the Mass. Wage Act. I am assuming you are an hourly employee. In order to prevail, you will need to show you were fired for requesting pay for time worked. Do you have past pay records showing that you were consistently paid for do the security work?
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