Can I be terminated because I was overheard on my private phone conversation discussing my pay stub.

Asked over 4 years ago - Fayetteville, NC

I was on the phone discussing my paycheck with my mother because my check stub did not have my hourly rate neither did it have the numbers of hours that I worked and what I should do about it. I also did not recieve my commission check. I was stating that I was going to send my mother a copy of my pay stub and she would check this out for me. Then I was told that one of my superiors had my conversation on video and that I was being terminated because I was discussing my check. They also put this in writing.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Talking on the phone to your mother at work can be insubordination.

    If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

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    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.

  2. Steven Alan Fink

    Contributor Level 20

    Answered . Employment at will means you can be terminated for any reason or no reason, just not a discriminatory reason (religion, age, sex, race, national origin) or an illegal reason (filing a worker's comp claim, taking family leave). You have learned a valuable lesson about workplace privacy and the dangers of discussing pay at work.


    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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