I gave my notice and they let me go???

CT Pixie, BSN, RN · Nov 21, 2008

You gave notice that your last day was XXX. And a week after giving notice they "let you go".

I do know that THEY are responsible to pay you for those remaining 3 weeks that you had planned on working for them. I work for an insurance company, we had an analyst give ample notice of her leaving their employ, the words were no sooner out of her mouth (and she had handed in her written notice) and they were escorting her to her desk to clean out and walked her out the door. They HAD to pay her for the remaining 3 weeks that she would have been working for them. They have done that to several people and they have had to pay their FULL pay for the remaining time the person would have been working for them.

Doesn't sound like an Unemployment case, you should call your Labor Board and get the specifics. I know that here in Connecticut, if they did that, its not unemployment, and the company has to pay out of their pocket the salary that is due the employee

barefoot_girl · Nov 21, 2008

I agree with CT Pixie. I don't know in which state you live/work; however, even in 'at-will' states I believe that if an employer elects to NOT have you work out your remaining and/or required notice period that they are required to compensate.

Best of luck.

Deb

emtneel · Nov 21, 2008

I agree as well. At the job i quit in Texas, they agreed to let me give 30 days notice instead of 60 but said they would only if they wouldn't pay me the last 30 days.

Is it a hospital?

I found all their policies regarding this online their internal intranet.

I would look at their site and see if you can find it in the policies and procedures.

They can't "let you go" after you already quit. There are MANY laws against this. They have to pay you or let you work the last 3 weeks. Also make sure you give them something in writing that you expect a good review and if contacted in the future that they will give good recommendations. They could go ahead and say oh no, we had to fire her. Which is illegal because you had already quit.

Have you talked to HR? You need to go to them first and tell them what's going on. There should be an employee rep, I would keep it short and sweet, but say you will file a complaint with the labor board if they refuse to pay.

zahryia, LPN · Nov 22, 2008

I don't think they owe you full comp. I think you'd be eligible for unemployment. I'd be interested to see how this plays out. Call your labor dept and find out.

Jolie, BSN · Nov 22, 2008

I'm sorry for your situation, and understand your frustration, but I don't believe your employer is legally required to pay you for your last 3 weeks, unless you have a contract or union agreement calling for it.

Working in an at-will position allows either the employee or employer to sever the relationship at any time and for any reason (with the exception of certain protected situations such as race, gender, age, etc.) I don't believe that anything changes because you had given notice.

If you have unused vacation, holiday or personal time, that should be paid according to employer policy, but I don't believe they are obligated to pay any other wages. What you have experienced is very common in the business world, especially when one is in a position to influence the loyalty of customers. A sales person, for example, is often asked to leave the company immediately upon resigning because of the possibility that s/he may influence the opinions and loyalty of customers during the last few weeks of employment. The same holds true for health care providers who bill for their services (MDs, NPs, etc.) since they may attempt to lure patients to another competing practice. Not saying you would do that, just that it is a common concern of employers.

Best of luck to you!

emtneel · Nov 22, 2008

i'm pretty sure if you are asked to leave but still have notice period left, they have to pay you.

And legally they can't fire you after you already gave notice, there is something major about retaliation laws. Same goes for if you file a complaint, they can't fire you right after that.

I would talk to a lawyer.

At my last job I had to talk to a lawyer, and the first visit was like 20 or 30$ it wasn't much and he answered a LOT of questions.

You need to find someone that works with employment issues/litigation.

Each state is different so you need to find someone in your state.

n_g · Nov 22, 2008

You are employed at-will. An employer can let you go or you can quit at any point in time. You can't force an employer to keep you on and pay you for another 2 weeks or month. They could use that money instead to hire and train your replacement. I highly doubt that you have a case.

core0 · Nov 22, 2008

i'm pretty sure if you are asked to leave but still have notice period left, they have to pay you.
And legally they can't fire you after you already gave notice, there is something major about retaliation laws. Same goes for if you file a complaint, they can't fire you right after that.
I would talk to a lawyer.
At my last job I had to talk to a lawyer, and the first visit was like 20 or 30$ it wasn't much and he answered a LOT of questions.
You need to find someone that works with employment issues/litigation.
Each state is different so you need to find someone in your state.

For what its worth:

http://www.myemploymentlawyer.com/mel/answer.php3?answer_id=132

Because this causes increases in unemployment insurance most smart employers will simply pay off the two weeks. Of course the OPs employers have already shown their business sense. Apply for the unemployment. Its already been paid for.

David Carpenter, PA-C

lannisz · Nov 22, 2008

Because this causes increases in unemployment insurance most smart employers will simply pay off the two weeks. Of course the OPs employers have already shown their business sense. Apply for the unemployment. Its already been paid for.

David Carpenter, PA-C

Very true! Thanks for the link.