Legal Question

[abrcrombe]

If you have given your two weeks can you be terminated for not showing up due to an emergency. Even if you called in to let them know? Well it really wasn't a termination, but they said they would say you quit TODAY. So basically, they forced you to quit against your will because you had an emergency. What do I do?

[BILL]

If you have given your two weeks can you be terminated for not showing up due to an emergency. Even if you called in to let them know? Well it really wasn't a termination, but they said they would say you quit TODAY. So basically, they forced you to quit against your will because you had an emergency. What do I do?

If you had given your two weeks what?????? notice??? cant be notice it it were an emergency.......union job????? if so ?? you have a case......

who did you talk to??? some worker??? or your boss????
did he say no emergency leave?? or said ok?? go ahead

Who's they?? that said you quit.......did you get the name of the person you

initially spoke with???

ON THE SURFACE??? I'D SAY YOU HAVE A GOOD CASE BEFORE THE LABOR BOARD..... ;)



Feed back please

[ScottB]

Right to Work State ---- yeppers

now if you are paid for the final two weeks even though left early, you need to check into Labor Laws for state. In Financial Institutions we let you go at first notice , paying all unused vacation and two weeks resignation.

[dengood1]

Right to Work State ---- yeppers

now if you are paid for the final two weeks even though left early, you need to check into Labor Laws for state. In Financial Institutions we let you go at first notice , paying all unused vacation and two weeks resignation.

In Florida you can be terminated for any or no reason I believe, but California is NOT a "right to work state". I'm not sure of your laws, just do some research and have your ducks in a row. Good luck! Maybe now's the time to start that detailing business:D:D

http://www.nrtw.org/a/a_prime.htm

http://www.dol.gov/esa/programs/whd/state/righttowork.htm

[dengood1]

http://www.lectlaw.com/files/emp43.htm

[Surfer]

In Florida you can be terminated for any or no reason I believe, but California is NOT a "right to work state". I'm not sure of your laws, just do some research and have your ducks in a row. Good luck! Maybe now's the time to start that detailing business:D:D

http://www.nrtw.org/a/a_prime.htm

http://www.dol.gov/esa/programs/whd/state/righttowork.htmI think the only time you can be terminated for no reason is if your at a job and in your "probationairy" period, usually something like 90 days. Durring that period boss could just walk up to you and say I don't like you your fired lol.

Otherwise I still think they have to have justifiable cause for termination.

[ScottB]

Surfer ... wrong, absolutely wrong. We are a Right To Work State and can be terminated without cause. Sorry !!

[Surfer]

Surfer ... wrong, absolutely wrong. We are a Right To Work State and can be terminated without cause. Sorry !!Nope your right, haven't had my law classes in awhile lol. But it get's to be a mess because I remember we had to do case studies and there was section on employee termination (2 classes were focused on Business Law), and in Right To Work States some were taken to court and won settlements against employers, weird even though the law states what it is.

[abrcrombe]

Ok, this isn't me, but the person gave their two weeks of notice to resign. It was not in the probationary period. Gave notice that they weren't coming in for the day and the store manager said we aren't firing you, but we are saying today is the last day of your two weeks notice for resigning. The person just gave their notice on Monday. I have to read all those links you guys posted. Thanks!

EDIT: also, this is NON union.

[dengood1]

Ok, this isn't me, but the person gave their two weeks of notice to resign. It was not in the probationary period. Gave notice that they weren't coming in for the day and the store manager said we aren't firing you, but we are saying today is the last day of your two weeks notice for resigning. The person just gave their notice on Monday. I have to read all those links you guys posted. Thanks!

If the employee is part time then the manager can get around the two week notice simply by not scheduling the employee to work anymore.

[abrcrombe]

Full time. He said you do not need to come in anymore. To make things even more complicated, there is a big investigation in the store and this person is part of it. Perhaps the manager is just trying to save the person by having him quit before getting fired. Who knows?

[ScottB]

I think you sometimes need to come outside the box, and really look at it from the employers side.

1. During the final two weeks of this employee's employment will he/she do the work she was assigned to do correctly ??

2. Is the employee staying in the same type of business, and will he/she solicit customers "away" from our business ??

3. How well is the business currently staffed, should we look for a replacement and hope they can spend a week training together, do we have someone that fits in currently, or can we carry the workload as employer ourselves.

4. How well was the employee respected, and how well did they do the job ?? Maybe I wanted you to quit, versus terminating employment so I would not wind up in Unemployment Hearing. Selfish .... but small employers cannot afford increase insurance for unemployment compensation.

5. Pending legal issues ?? Whistle blower ?? Sexual harassement claims ?? Sometimes a pending search for a complaint makes it justified to release them with pay to avoid any further legal complications, and in some cases it is exactly the opposite. Allowing them to leave without every benefit and protection can signal the employers liability.

In most cases it is easier to pay them the final two weeks, and allow them to leave without big issue to clients and associates within business. That said, if I was moving onto a new career, it might be benefical to keep me for that time and allow business to seek replacement. (ie ... became a baker after being a stock broker for 20 years)

[abrcrombe]

Scott, that really sheds some light on the situation. This isn't a big corporate job or anything, just retail. People get replaced there all the time. I am beginning to think that this was a case of the boss trying to save my friend. It all adds up, but only time will tell. There are many more in the investigation, and if and when these other people get fired, it would confirm my conclusion.

[Surfer]

Scott, that really sheds some light on the situation. This isn't a big corporate job or anything, just retail. People get replaced there all the time. I am beginning to think that this was a case of the boss trying to save my friend. It all adds up, but only time will tell. There are many more in the investigation, and if and when these other people get fired, it would confirm my conclusion.Doesn't sound like a place I'd wan to be working out lol.

[Kelso]

investigation in retail....theives?
from the emplyers perspective, if somone was giving me their 2 weeks then what 3 days later has to leave on an emergency, and they are being watched as it is for some investigation, this person seems to be of no more good use to the employer. but usually when you give 2 weeks, you probably got a nother job lined up so no big deal there in my mind