What can I do if I just got fired for no reason and my boss said he would tell unemployment thatI failed adrug test even thoughI never took one?

UPDATED: Nov 18, 2011

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What can I do if I just got fired for no reason and my boss said he would tell unemployment thatI failed adrug test even thoughI never took one?

I am early/on time everday. I stay late and work weekends when they need me. I have called off sick only 2-3 days this year. I asked to leave early for a wedding last month and as I was getting ready to leave, that if I walked out the door, it meant that I was quitting. This is just a few of the terrible things that have happened in the past few months. There was also a week that we didn’t get paid (at least a month ago) and he still hasn’t paid us in full for that week yet. He has given us some cash out of his pocket until he “figures out our hours” for that week.

Asked on November 18, 2011 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) You an be fired for "no reason" so long as you do not have an employment contract limiting the grounds or procedure by which you could be fired. You probably do not have a cause of action for this.

2) You can also be made to work late and on weekends (though if you are an hourly employee, you must have been paid for all hours worked; and if not exempt from overtime, you should have been paid overtime if/when you worked more than 40 hours in a week).

3) If the employer lies when you apply for unemployment, you can challenge its assertions and appeal a denial of benefits, if necessary; you also may be able to sue for defamation, which is making an untrue factual statement about you which would damage your reputation (e.g. that you failed  drug test when you  did not).

4) If you haven't been paid for a week of work, you can sue for the money you are owed--and as noted above, you might be owed compensation for extra hours or overtime when you worked weekends or late, if not paid it at the time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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