Legal Question in Employment Law in Minnesota
My husband was fired last night from the hotel he was working at. :He is a cook in the resturant. He requested a weekend off and the manager ok'd it then. but when the time came the manager scheduled him anyway. Kevin called him right away when he saw the schedule and the manager said they would talk about it when Kevin came in that night. THe manager wasnt there when Kevin showed up. Kevin left him a note. but he never got back to him. Now Kevin, is the best cook they have there. Never late...never sick...always puts in as many hours as he can...does everything he is asked. AWESOME employee. When we got back, Kevin was still on the schedule, He worked Tues, Wed and Last night then at the end of the shift the manager told him that they were letting him go...because he didnt show up. and because of performance. (like I said he is the best employee they have) I know of many instances of the resturant treating their employees like crud. This is not the first time they have done that to an employee. So we have a legal leg to stand on, what do I say to them when I call the hotel manager today??? I know I have the right to demand his final paycheck (I am in management too) Please help!!!
1 Answer from Attorneys
I am afraid that there is nothing that protects individuals from difficult supervisors or employers.
Unfortunately, all employment starts out as employment "at will." That means you may be fired for any reason or no reason or you may quit for any reason or no reason. The only thing that changes the "at will" status is contract and statutes. If you do not have a contract for employment, you have no contractual protections.
The statutes or the law, only protects against employment decisions that are discriminatory in nature. To be discriminatory, the employer must treat you differently than others based on a suspect class as defined by statutes. They may treat you differently for other reasons not based on the suspect class. For example, they may treat you differently because they do not like you, how you dress or how you part your hair. None of those things involve a suspect class. Suspect classes under state and federal statutes differ slightly, but generally include things such as race, creed, color, religion, sex, age, disability, whistleblower etc..
If you were not treated differently based on such classifications, there is no action that can be taken. If you feel you were treated differently based on a suspect classification, you may file a complaint with the EEOC or Department of Human Rights in Minnesota.
I am truly sorry to hear of your troubles.
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