How do I know if I was wrongfully terminated?

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How do I know if I was wrongfully terminated?

I am a bartender. On a Tuesday night I was closing the bar and the floor manager went behind the bar and put some alcohol into a glass. She then accused me of drinking that alcohol. I told her it was not mine. I worked the rest of my scheduled week without incident. The following Monday when I arrived for my regularly scheduled shift, I was summoned into the office and fired by the head manager based on the floor managers word. He said he had video but when I asked him about he didn’t produce anything or say anything about what may or may not be on a video. I had an impeccable work record. I never missed work since my start date. I was never written up for anything. I have many on-line reviews showing my excellent service. I worked every Holiday since my employment. I always covered shift when asked. My fellow employees loved me. I have never been

convicted of a DUI or any other alcohol related incident.

I was never given an employer handbook or policy and procedure. I don’t

believe I was compensated properly on my tips to make sure I was earning

minimum wage. Their payroll and slip printouts don’t show enough details. As I

understand this company also has many lawsuits against them.

I believe I was wrongfully terminated. Was I? Can I sue them? I am stressed

and depressed and have had so much going with family illness. Mother with

Cancer her brother with cancer, my son’s father having a heart attack. Losing

my job this way I am unable to function. I need help! Is there a way to get free

legal services? I am unemployed.

Asked on March 5, 2018 under Employment Labor Law, Massachusetts


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

Answered 5 years ago | Contributor

I'm afraid that unless your treatment constituted some form of legally actionable discrimination you have no claim here. Wrongful termination has to do with losing your job due to your race, religion, age (over 40), disability, gender, nationality or the like (none of which seem to be the case here). Also, if your dismissal violated the terms of an employment contrct or union agreement you would have a case. Otherwise, as an "at will" worker, you could have been fired for any reason or no reason at all, with or without notice.

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 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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