The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Virgin Islands Complaint - Damages for Wrongful Termination of Lease
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State:
Multi-State
Control #:
US-03273BG
Format:
Word;
Rich Text
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How to fill out Complaint - Damages For Wrongful Termination Of Lease?
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FAQ
The U.S. Virgin Islands are an unincorporated territory of the United States. Many but not all federal laws apply to the U.S. Virgin Islands. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code.
The U.S. Virgin Islands ?Wrongful Discharge Act? applies to employers with five or more workers, and only protects non-supervisory employees who have worked for more than six months at their job. Under the law, employees may be terminated for a number of very specific reasons.
WAGES. Minimum Wage Rate in the U.S. Virgin Islands is $10.50 per hour. Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.
Child Labor Laws Kids aged between 14 to 15 years cannot be employed between 0700 and 1900 hours in a school year. They also cannot be employed for more than three hours during school days and for more than 18 hours during a school week. Minors also cannot work in hazardous occupations.
The first example of a ?wrongful discharge? is when an employer fires an employee because of the employee's protected status, such as race, color, sex, religion, national origin, etc. This type of wrongful discharge falls under the federal or local anti-discrimination laws.
Chapter 18, Title 24, Section 472 of the V. I. Code states that every employer who is closing a facility shall at least 90 days prior to the Plant Closing give advance Notification to the Commissioner of Labor, any affected employees, and if the employees are represented by a Labor Union to such Union.
Wrongful discharge can arise under three circumstances: violation of a statute (i.e. discrimination), breach of contract, or a tort action involving bad faith or tortuous discharge. Wrongful discharge cases based on statutory violation are limited to those remedies provided for by the statute.
The federal WARN Act is similar to the Virgin Islands statute in that it requires employers to provide advance written notice to those employees who will be subject to a ?mass layoff? sixty days before the layoff occurs. 29 U.S.C. § 2102(a).