We moved our entire family from Oregon to Nevada for a job my husband took. It is a small company. It has been drama since he started because of the owner's on and off again boyfriend who is a drug addict and someone that knows her personally says he also beats her on occasion. He likes to have control over the entire office and felt threatened by my husband. He made up stories about him and the owner let him go after being employed for just under 3 months. They know I am 9 months pregnant and that we moved here only for this job since work was hard to find in Oregon. We are now at risk of losing our apartment. It's also been over a week and no final paycheck. She hasn't even given us the termination paper we need so we can try to get state assistance.
So basically I'm wondering if we are able to sue them for any of this?
Answers & Comments
You can certainly sue them if you wish, but there is nothing about which you could win a lawsuit.
Unless your husband had a signed employment contract, he can be fired for just about any reason (or no reason at all) that isn't discriminatory. Your family's financial and residential difficulties are not their problem.
His former employer's only legal responsibility in all this is to deliver his final paycheck and termination papers in a timely manner. "Over a week" is certainly a bit late, but by no means negligently so, and certainly not late enough to merit a lawsuit.
Do you realize how expensive and time-consuming lawsuits are? His final paycheck and termination papers will likely be delivered long before the lawsuit is even filed, and probably wouldn't even put a dent in the legal expenses involved. Your money and time would be far better spent looking for another job.
You can file in small claims court in your district for the outstanding paycheck.
The rest of the issue is he said/she said.
You can bring a suit for any reason against anyone but it will be a wasted fileing fee unless you can prove you have been wronged and the other party is directly responsible.
For the paycheck you need to prove employment (last few weeks of paystubs) and hours worked. Possibly gather witness statements. Get recordings of verbal abuse and rumors etc.
You more than likely will spend more time and money building a case than you will ever see in award. Think long and hard about committing to a lawsuit.
You may become the new people in town who sues everyone. Even though you have every right to get what is rightfully yours, other employers in the area may black list you.
Many details to think about.
I'm assuming your husband was an "at will" employee. If that's the case, he could be sued for any reason or no reason. You can contact your state's labor department if you feel you are owed a final paycheck, but you have new grounds to sue your employer for your husband being fired.