Fired by Employer for Demanding Compensation for Stolen Property
My question involves labor and employment law for the state of: michigan
On April 19th, 2013, I was fired from my job. This is what happened. Last year in 2012 the landscaping company I was working for was broke in to and a lot of our equipment was stolen. I went to the owner of the company and said if you need to use my stuff you can use it. Well he said yes and I brought my stuff in to be used. Well 3 to 4 weeks later we got broken into again. Well this time my stuff got stiles as well. So when we did a police report my stuff was reported missing and even on the insurance claim as well. So the owner told me when the first insurance check comes in he would pay me. Well it came and went no money. Well I ask and he said the second insurance check. Sure. So a few wells later I ask about the check he said to me no matter what I will pay you in November! No money. I ask in December! No money. So this April comes along and he pulls me into the office with the office manger and the insurance company on the phone. After all this waiting the I insurance company said they can't claim my stuff. So he look at me and says,, sorry I can't do nothing about it. Well on the 18th of April I wrote a letter to him explaining it wasn't fair not to receive my money after all these promise and witness to him saying it and I never got it. Well he call me into the office and we went over the letter and I told him against it wasn't fair to me and you made all these promise to me for months and nothing at all. Well after my conversation he ask for my keys and phone and fired me. So what do I do now? So do I have a claim for wrongful termation? Can anyone help me out here? Thanks.
Re: I Questioned Owner on My Repayment
I see no claim for wrongful termination but you quite possibly have a valid suit for the value of the equipment that was stolen. Without more info it is impossible to say but he probably is liable for the property you loaned to the company, if for nothing else, under the rules applicable to a bailment.
Actually, unless the insurance company is claiming your employer was not using the equipment for his business, I cannot see why the insurance company refused to pay HIM for the losses. The insurance company would not owe you anything since you did not have a policy with them. Regardless of whether the insurance company paid your employer or not does not affect whether you have a claim against your former employer.
Re: I Questioned Owner on My Repayment
No, you don't have a claim for wrongful termination. But you might have a claim to be reimbursed for the items that were stolen, even if the insurance company didn't pay. Consult local counsel.
Re: I Questioned Owner on My Repayment
What bothers me in this, is that I have never been written up, no marks in my employee files, no a verbal warning and so on. He flat out filed me for asking what rightfully belong to me. So what other information do you need?
Re: I Questioned Owner on My Repayment
If you mean, "What other information do you need to establish a case for wrongful termination", nothing you have written makes your termination unlawful. It's not that we don't understand what you're saying - it's that your boss can fire you unfairly and, in most contexts, all you can do is apply for unemployment and look for a new job.
Re: I Questioned Owner on My Repayment
None of that matters. An employer does not have to find a reason to fire you. They can simply fire you because they want to, unless it is for one of the small group of protected classes; race, religion, gender, etc. Asking for payment for your equipment isn't one of those protected classes.
the "other information" I was speaking of was in regards to the equipment situation and attempting to determine if your employer would or wouldn't have any liability in the issue.