I was never informed by the second job that my hours had hit the level that would make me eligible for retirement and I didn't realize I had benefits until I was fired from the first job. I never signed anything, therefore had no idea I had been collecting retirement. The City HR Manager blamed me for not tracking my own hours. I thought it was their job to track hours. Is there anything I can do?
These sort of cases can be very fact determinate. You may need to get a free consultation with a lawyer on Avvo.
he 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. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
Most jobs, even many government jobs, are considered to be at will employment, meaning you can be terminated for any reason. It is not unlawful to terminate an employee because he or she is receiving benefits from another job. The fact you did not know you had those benefits will not alter the righteousness of the termination. Furthermore, if you were terminated for not tracking your own hours, even if you were not aware that it was your job to do so, is likely also not an unlawful reason for terminating you.
If you are in a union, you should discuss this issue with your union representative, as it is possible your collective bargaining agreement will give you greater rights.
Good luck to you.
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