How to get My job back after wrongfully being fired?

[dickens93]

I was working at a restaurant, a franchise based of a larger group. I was supposedly let go due to costumer complaints when I was in-fact one of the only managers who had under 4 complaints. I had been with them for almost 2 years. I had started as a server and worked my way up. I feel it was due to the fact that I was up for a yearly raise and a promotion. I had never had any problems always a hard worker. Guest even went on to complement me on my hard work. Before i was let go I found out that the GM had given my name out instead of his and I was blamed from some of the complaints. Now I have proof of problems and events that took place there that could get my GM or old Gm fired and the whole company investigated. I just want to know if i should lawyer up and look for a way to get my job back or not. And FYI no manager in the past 4 years the company has been in the community has been fired of the behalf of a guest complaint. I have herd of managers selling drugs to guest and much worse and yet I get let go for some thing so stupid. What should I do I have proof of theft, sexual harassment, Slander employees working off the clock or with out papers.. the whole nine yards

[akule76]

This doesn't fall under "wrongful termination" in a way that would give you a lawsuit.

You were an at will employee who could be fired at the complete discretion of your employer. Unless you were fired because of your race, gender, disability, religion, sexual orientation - you were not wrongfully terminated. Being fired because you were eligible for a raise and a promotion does not make the termination wrongful.

That you have dirt on other employees doesn't make any difference to your employment status . . . but it makes me wonder why you would want to work at a place rife with theft, sexual harassment, etc.

[ryscford]

I am sorry to hear about your experiences. I hope that one day you will have an employer who appreciates the hard work that you do and treats you fairly. Based on your description is does seem that you were wrongfully fired; however, the actions of your employer were not illegal unless the real reason that you were fired was because of your gender of because of "protected concerted activity." Yes, you will absolutely be able to have the company investigated with some of the claims you are making.

You have cited a labor violation (enforced by the Department of Labor (DoL)) and a civil rights violation (enforced by the Equal Employment Opportunity Commission)). If you are not already aware, the process for filing complaints with the the EEOC, the NLRB and the DOL is as follows:

Department of Labor (DoL): Employers that ask or allow their already underpaid employees to work off the clock is something that I have no patience for whatsoever. Neither does the federal government. If you personally worked of the clock, you can file a complaint for back pay and retrieve your stolen wages (perhaps double). You may also make a third party complaint on the behalf of others. This may be done by calling the DoL directly at 1-866-487-9243.

Equal Employment Opportunity Commission (EEOC): Here you may file complaints based on employment discrimination because of race, sex, ethnicity or other protected category and based on a hostile work environment (this includes sexual harassment). You may contact the EEOC directly at 1-800-669-4000 to begin the complaint process.

National Labor Relations Board (NLRB): Speaking with other employees or managers about ways to improve working conditions is legally defined as "protected concerted activity," and it is illegal for your employer to retaliate against you for engaging in it. You can contact the NLRB at 1-866-667-6572.