was "let go" the day after i gave my two weeks notice.

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Latest post 11-24-2009 2:20 PM by goldenstate. 13 replies.
  • 11-20-2009 12:13 AM

    • dirtytini
      Consumer
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    was "let go" the day after i gave my two weeks notice.

     Not too long ago I gave my two weeks notice at work, the next morning the manager called me and said after informing the owner of my two weeks he was told  to let me go right then. The manager  told me he was sorry for having to let me go early.  &nbs...  Later I asked the manager the reason i was fired, and he said the owner emailed him to just forgo the two weeks and to let me go right then. I asked the manager if he could get me a real reason why i was fire. He later called me and said that it was HIS mistake i was let go early. He said he thought he was doing me a favor by letting me go early because he assumed i was misserable and thought thats what i wanted.  If i wanted to leave early i would'nt of given him my notice at all. I asked him about the email he recieved from the owner telling him to let me go early, he ig... the question and&nbsp... if i wanted to finish working my two weeks. Knowing it would be a hostile work enviroment i told him i would think about it, but i probably won't be taking the offer.

    I also didn't recieve my last check until about 28 hrs after i was "let go" (California resident)

    Am i entitled to something??

    thanks.

  • 11-20-2009 12:21 AM In reply to

    • Drew
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    • Joined on 03-30-2000
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    Re: was "let go" the day after i gave my two weeks notice.

    File for UC on ground you were fired.

     

    In most places if you give notice now you quit effective later but are let go early the view is you quit, they just accepted your resignation a bit early.

     

    In some cases depending on views and words you used at time and now--if you stated you intended to resign in future on date 123 and firm fired you before 123 then they fired you BEFORE you quit--and the status is they fired you--and if not for cause you should get UC--this is much less common view.



  • 11-20-2009 12:22 AM In reply to

    Re: was "let go" the day after i gave my two weeks notice.

    You got paid for the work that you did. The employer did not have any obligation to keep you on after your notice to quit. Since you quit, letting you go before finishing out your two weeks probably won't entitle you to unemployment benefits, though you can apply and see what happens. There really isn't anything else to do here.

  • 11-20-2009 9:31 AM In reply to

    • Cica
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    Re: was "let go" the day after i gave my two weeks notice.

    You weren't fired; you quit.  The employer may release you immediately.

    Considering that you were giving the employer more than 72 hours notice, the employer should have paid you on your final day.  Contact DLSE.  (UC benefits, no; you were quitting.  But you may contact them anyway.)

    Though employers request one - two weeks "courtesy" notice, bear in mind that you are under no obligation to do so, and, likewise, they may cease any remaining schedule.

  • 11-20-2009 9:40 AM In reply to

    Re: was "let go" the day after i gave my two weeks notice.

    Many states allow for UI benefits for the duration of the notice not allowed to be worked, after the one week waiting period.  Whether this would be worth it to the OP or not, only he could say.  However, filing a claim now would start the clock "ticking" on the claim and that might not necessarily be a good thing, for several reasons.

  • 11-20-2009 1:21 PM In reply to

    Re: was "let go" the day after i gave my two weeks notice.

    Letting you go on receipt of your resignation is not only legal, it's common. ANd hothing you describe has anything to do with a hostile work environment. There's nothing to sue for.

  • 11-23-2009 11:13 PM In reply to

    Re: was "let go" the day after i gave my two weeks notice.

    Man, the misinformation given on this website is horrendous. First off all being "let go" before the date you intended to resign is considered a discharge. UI benefits wouldn't rarely be granted, they would almost be guaranteed. I'm sure someone will challenge this, so before you do check the EDD website yourself before you do. Secondly, It is also considered a discharge for final pay purposes, thus if you were not paid all wages owed on your last day of work, as you describe, then you would be able to recover waiting time penalties. Again, I imagine some will challenge this, so check the DLSE website if you don't believe me. OP, file a wage claim with the DLSE to recover waiting time penalties. www.dir.ca.gov/dlse Also I am curious what would be harmful about filing for UI. YOU SHOULD MOST DEFINITELY FILE FOR UNEMPLOYMENT IMMEDIATELY IF YOU HAVE NOT ALREADY DONE SO.
  • 11-24-2009 10:07 AM In reply to

    • Cica
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    Re: was "let go" the day after i gave my two weeks notice.

    goldenstate:
    Man, the misinformation given on this website is horrendous.

    ("Man?"  Lemme guess ...)

    OP, little things depend upon other little things such as whether employee handbooks state that a two week notice prior to resignation is requested and agreed upon; or, if at point of hire something was "signed" between employee and employer. 

    All that you are stating is that you gave "your" two weeks notice.  

    Were it THAT easy to obtain free money everyone would give "two week," or maybe even 17 week, notices.

    If nothing was stipulated at point of hire, collecting UI might be a little tough.  As previously suggested, ask DLSE anyway.  Or, ask an attorney familiar with State law and YOUR specific position.

     

     

  • 11-24-2009 10:38 AM In reply to

    • Cica
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    P.S. --

    OP, scroll down to # 9:

    http://www.dir.ca.gov/...

  • 11-24-2009 11:32 AM In reply to

    Re: P.S. --

    Gee, wonder who goldenstate is?  Angry

    I already told the OP he would probably be eligible for one week of UI and he could file.  His choice.

  • 11-24-2009 2:05 PM In reply to

    Re: was "let go" the day after i gave my two weeks notice.

    OP, little things depend upon other little things such as whether employee handbooks state that a two week notice prior to resignation is requested and agreed upon; or, if at point of hire something was "signed" between employee and employer. All that you are stating is that you gave "your" two weeks notice. Were it THAT easy to obtain free money everyone would give "two week," or maybe even 17 week, notices.
    Agreements, handbooks, employment contact, or not. The lack of an employment contact requiring two weeks notice, would not preclude the claimant from collecting UI benefits. It's not a matter of whether or not a contact exists. It's about whether or not there was a loss of wages. The CUIAB (unemployment appeals board) has held that if an employee is discharged prematurely and suffers a loss of wages (i.e. they are not paid through the last day they intended to work), then the quit becomes a discharge and the employee is not disqualified from collecting unemployment. It's not that employers are necessarily required to pay for hours that are not worked, but that the failure to pay the claimant up to and including the last day they intended to work would effectively make the "quit" and discharge. Again, don't take my word for it. Read all about it here: http://www.cuiab.ca.go...
    Gee, wonder who goldenstate is? Angry I already told the OP he would probably be eligible for one week of UI and he could file. His choice.
    Please provide a reference that indicates that the OP would be limited to only collecting one week worth of benefits. Thank You.
  • 11-24-2009 2:10 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    Re: was "let go" the day after i gave my two weeks notice.

    #9 is not what you think it says--it says employer terminated worker as it is written!   



  • 11-24-2009 2:19 PM In reply to

    Re: was "let go" the day after i gave my two weeks notice.

    goldenstate, so what?  Call it blue if you want to, the only thing that accepting the resignation immediately does is 1) invoke the final pay statute for discharge and 2) allow for UI for the extent of the notice less the one week waiting period. 

  • 11-24-2009 2:20 PM In reply to

    Re: was "let go" the day after i gave my two weeks notice.

    Oh yes and that reminds me to mention. The DLSE is not the unemployment agency, the EDD is. The reason I suggested filing a wage claim with their offices is so that you may collect waiting time penalties pursuant to LC section 203. Much like the EDD (unemployment offices), the DLSE (labor commissioner) considers a quitting employee whom is "let go" prematurely to be a discharge and as such you should have received your final wages immediately on your last day of work.
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