What is the law for employees if they give 2 weeks notice, but are terminated before the last writen day?
I gave my employer 2 weeks write notice and am schudualed to start my job in a new company soon. My employer terminated me early and now I am out of work for half a week which is money I really can't afford to loss. Isn't it the law in Florida for my employer to pay me until my notice day? If so how do i claim it. I also have to state that the reason I am quiting is because my boss said some really racial things and then throw a wad of paper at the back of my head then next day. I'm happy i got a new just, but I feel it is not right what they did. I even told them i really can't afford to miss these few days, but all they said was "oh well" to my face.
Answers:
Right-to-work state (like others have said) This might sound silly but try to collect unemployment. Not sure how that will go over since you'll only be out of work a few days. The worse thing someone can say to you is "No".
OR try to start your new job sooner
I really would talk to a lawyer if I were you. You could probably sue for wrongful termination. It sounds like your boss fired you before your last day to mess up your credibility. There is a great website for helping legal issues. I would copy what you wrote here and post a question there. Good Luck.
http://www.lawguru.com
unless you have a contract with them they can terminate you any time they want for almost any reason or even no reason.
If Florida is an "at will" state you're pretty much out of luck otherwise if the state isn't then talk to the department of labor.
FOR WHAT I KNOW AN EMPLOYER CAN FIRE YOU REGARDLESS OF YOU PUTTING YOUR TWO WEEKS NOTICE. THAT ONLY STATES YOUR INTENTIONS ON LEAVING THE EMPLOYER HOWEVER IS NOT BOND BY THAT AND CAN TERMINATE YOUR EMPLOYMENT AT ANY TIME BUT IF THERE IS A RACIAL INCIDENT IN QUESTION YOU MIGHT WANT TO CONSULT AN ATTORNEY IF YOU FEEL YOU NEED TO BUT IN ALL HONESTY IT'S JUST GONNA BE YOUR WORD AGAINST HIS WHCH IN COURT YOU'LL HAVE A HARD TIME PROVING YOUR CASE BUT AS FAR AS HIM FIRING YOU BEFORE THE TWO WEEKS WERE OVER THERES REALLY NOTHING YOU CAN DO ABOUT THAT AND HE IS NOT OBLIGATED TO COMPENSATE YOU FOR IT SORRY HUN GOOD LUCK
nope. too bad. florida is a right-to-work state. you might have something if you can prove the racial statements and the assault.
Sorry, but unless you can prove racist intent behind your employer letting you go early, there is nothing you can do.
The second you gave your 2 week notice, your employer could have told you to go then and not come back.
It is definitely an unbalanced system, because you are expected to give 2 weeks notice, but your employer isn't expected to do the same in return.
Since the advent of the "at will" employment contract, you are not bound to give 2 weeks notice, but I guarantee that if you don't, you will have a difficult time finding another job.
It is not uncommon for an employer to make a resignation immediate rather than allowing an already disgruntled employee to remain around for two more weeks. And, so far as I know, this is not illegal. If its any comfort, your sudden and unexpected departure will likely disrupt them just as much as their early dismissal disrupts you. While you could possibly have a legal or EEOC action based on the racial slurs, it would basically be your word against theirs and difficult to prove. And do you really want to start a new job with some nasty action against the last employer hanging overhead? Seems that might do you as much harm as good. I'd say just move on and make sure you're better prepared next time.
an employee giving notice does not mean anything. the emplyer does not have to wait the two weeks. he can terminate you the first day
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