Can my employer drop my wage without notice if they say that I resigned but I was fired?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer drop my wage without notice if they say that I resigned but I was fired?
I was terminated for needing a mental health day; I have a serious diagnosis that prevented me from coming to work. I was with a new the the company so they just fired me. Basically I was told,
Asked on February 24, 2019 under Employment Labor Law, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you took a "mental health day" without using accured sick days or FMLA leave--and if you were a new employee, you most likely did not have either--then you could be fired. There is no right to take a mental health day or otherwise miss work, even if have a "serious diagnosis" without using PTO or FMLA.
You pay does NOT drop to mimimum wage, however: you last paycheck must be at your actual wage. If they will not pay you the full amount due you, you could sue them for the additional money (e.g. in small claims court).
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.