Do I have the right to sue for back pay and financial hardship?

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Do I have the right to sue for back pay and financial hardship?

I was hired 4 months ago at a new up and coming sports bar. I was hired as the sous chef and my salary was for 50 hours and at $13 per hour with the potential for a quarterly bonus according to my supervisor. Well last week, I was told that I was to work as an hourly worker at $14 an hour 5 days a week. I had constantly asked my supervisor to post a schedule but none was posted for 3 months; we worked as needed. Then, 2 days ago, I was fired for coming in 30 minutes late although my supervisor had told me to work an 8 hour shift and we close at 12:30; my shift ends at 1:30 after the kitchen is cleaned up. It was the general manager who fired me upon coming to work the day I got fired my immediate supervisor knew about it the day before but did not tell me anything. No counseling, no written document and no previous examples of why I was let go.

Asked on July 5, 2019 under Employment Labor Law, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless your treatment violates the terms of an employment contract/union agreement or is the result of some form of legally actionable discrimination, you have no claim here. The fact is that most work arrangements are what is known as "at will". This means that a business can set the conditions of empoyment much as it sees fit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless your treatment violates the terms of an employment contract/union agreement or is the result of some form of legally actionable discrimination, you have no claim here. The fact is that most work arrangements are what is known as "at will". This means that a business can set the conditions of empoyment much as it sees fit. 


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