Comment on Got fired over a peproncini today so expect a lot of bullshit for the next couple days.
db2@lemmy.world 23 hours agoThat’s still a thing in America, different names but conceptually the same. Even an at-will employment state doesn’t allow illegal firing which this sounds like.
OP should call around to see if a lawyer will represent pro bono for sure.
Carl@anarchist.nexus 22 hours ago
At-will only provides protections for specific types of discrimination. They can’t fire you for being part of a federally protected class. For instance, they can’t fire you for being a woman, or for being black, because sex and race are federally protected classes. But “making fun of a dude who drunkenly wrapped himself around a tree” isn’t a protected class, so the firing would be legal in an at-will state.
However, OP can (and should) file for unemployment ASAP. The former employer may try to contest it to get it denied, but that’s just to avoid paying extra on their insurance. If OP appeals the denial, they can submit a reason why they were fired. And as long as it wasn’t for cause (which basically requires something illegal like stealing from the company) then their appeal will be approved and they’ll get unemployment.
But unemployment only begins from the date that you apply. So OP should apply ASAP, so the start date is today.
db2@lemmy.world 21 hours ago
No, OP definitely described retaliation which is illegal.
You’re right in the rest though.
Carl@anarchist.nexus 20 hours ago
Retaliation only applies if the employee was engaging in protected activities, like filing a Department of Labor complaint or initiating a lawsuit. And, again, “making fun of your employer’s daughter’s dead boyfriend” isn’t a protected activity.
jambudz@lemmy.zip 19 hours ago
This thread just makes me so concerned about people’s knowledge of their lack of protection from businesses. It’s wild that people think they can’t be fired for a whim in the states. Even protected classes and things like that are super difficult to prove in court.