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NOTALENT
01-18-2006, 12:53 PM
Say I was 2 give my 2 week notice and leave on a good note. My employer decides to fire me on the spot. Do I still get paid for those 2 week's as well as my vacation and bonus for that month??? Or are they able to just fire you???

Ziggy
01-18-2006, 12:55 PM
Say I was 2 give my 2 week notice and leave on a good note. My employer decides to fire me on the spot. Do I still get paid for those 2 week's as well as my vacation and bonus for that month??? Or are they able to just fire you???
Are they an "At will" employer?

Havasu Hangin'
01-18-2006, 12:56 PM
No (unless you have a contract that states differently).
Accued vacation is owed in any case.

mondorally
01-18-2006, 12:57 PM
My understanding is that they can fire you without paying any future pay (the two weeks in your notice). They do however, I believe, owe you any accrued vacation and any bonuses that were already earned.
Justin

NOTALENT
01-18-2006, 12:59 PM
Are they an "At will" employer?
sorry I havent heard that before...??? Big comany...ATK Engines..Right now A co worker and I are really butting heads with the New manager...She is getting the worse end and was thinking about doing this. The new manager is a complete moron. Unwilling to do his job. I could go on for days about the situation.

Havasu Hangin'
01-18-2006, 01:01 PM
All Cali employees are "at will" unless you signed a contract when you got hired.

Mrs. Bordsmnj
01-18-2006, 01:02 PM
At-will means they can fire you at anytime with or without cause.

Ziggy
01-18-2006, 01:02 PM
sorry I havent heard that before...??? Big comany...ATK Engines..Right now A co worker and I are really butting heads with the New manager...She is getting the worse end and was thinking about doing this. The new manager is a complete moron. Unwilling to do his job. I could go on for days about the situation.
Basically means they can fire without cause.....
You should get any accrued Vac. pay.

HOSS
01-18-2006, 01:03 PM
I don`t pay jack. Vacation and sick days. What the hell is that?
Don`t ask what your employer can do for you! Ask what can you do for your employer!

NOTALENT
01-18-2006, 01:06 PM
Thanks alot guys...thats pretty much what I needed to know...Fortunatley, her husband makes enough to support her and get her out of this situation....Im stuck a bit longer!!! :mad:

HOOTER SLED-
01-18-2006, 01:11 PM
At-will means they can fire you at anytime with or without cause.
And vice versa

NOTALENT
01-18-2006, 01:12 PM
Nope
Straight from the http://www.dir.ca.gov/dlse/FAQ_Paydays.htm site.
Thanks...One more thing...If she gave a 2 week with a letter of resignation and they go one to fire you. Is it possible to take legal action for wrongful termination??? And actually win??

Mrs. Bordsmnj
01-18-2006, 01:12 PM
Thanks...One more thing...If she gave a 2 week with a letter of resignation and they go one to fire you. Is it possible to take legal action for wrongful termination??? And actually win??
What??

Mrs. Bordsmnj
01-18-2006, 01:15 PM
Thanks...One more thing...If she gave a 2 week with a letter of resignation and they go one to fire you. Is it possible to take legal action for wrongful termination??? And actually win??
I am not sure I understand this question but this kind of shit pisses me off. I am an HR manager and happen to be dealing with a discrimination and a harassment cases right now. Everyone is so quick to sue. Or find that tiny ridiculous loophole to try and sue.
Brandon, if she is going to quit and has prepared a letter of resgination and they fire her instead, how is that wrongful? She was quitting.

Jbb
01-18-2006, 01:16 PM
I don`t pay jack. Vacation and sick days. What the hell is that?
Don`t ask what your employer can do for you! Ask what can you do for your employer!
Gee Hoss.....we want to come and work for you......you can drink on the job......like you do....right?... :rollside:

NOTALENT
01-18-2006, 01:22 PM
I am not sure I understand this question but this kind of shit pisses me off. I am an HR manager and happen to be dealing with a discrimination and a harassment cases right now. Everyone is so quick to sue. Or find that tiny ridiculous loophole to try and sue.
Brandon, if she is going to quit and has prepared a letter of resgination and they fire her instead, how is that wrongful? She was quitting.
I know it sounds shady....but if you knew the whole story hear and how they are screwing us over me personally of about 1100 a month from what I normally make by changing alot of things here you would be quick to sue as well.
It does seem stupid to me to try and sue for wrongful termination for those remaining 2 weeks. Especially if not worked...I will just end it at that...thanks..all and linda...will a Cocktail make ya feel better...??? :rollside:

HOSS
01-18-2006, 01:24 PM
Gee Hoss.....we want to come and work for you......you can drink on the job......like you do....right?... :rollside:
Hell no. You can do what your told,,or hit the gate. :cool:

Jbb
01-18-2006, 01:25 PM
Hell no. You can do what your told,,or hit the gate. :cool:
I quit... :mad:

Mrs. Bordsmnj
01-18-2006, 01:28 PM
I know it sounds shady....but if you knew the whole story hear and how they are screwing us over me personally of about 1100 a month from what I normally make by changing alot of things here you would be quick to sue as well.
It does seem stupid to me to try and sue for wrongful termination for those remaining 2 weeks. Especially if not worked...I will just end it at that...thanks..all and linda...will a Cocktail make ya feel better...??? :rollside:
No, alcohol is not the answer Brandon. :rollside: If she tries to sue for wrongful termination, she will have to prove some sort of discrimination or harrassment. Like the boss said sleep with me or you are fired. or something like that.

NOTALENT
01-18-2006, 01:30 PM
No, alcohol is not the answer Brandon. :rollside: If she tries to sue for wrongful termination, she will have to prove some sort of discrimination or harrassment. Like the boss said sleep with me or you are fired. or something like that.
I know she had already filed multiple types of reports with harassment...not sexual, but something about comments being made to her...over and over...which he had no clue what he was talking about.
Linda....Alcohol is always the answer.... :crossx: Until you puke it up.. :p

AZKC
01-18-2006, 01:36 PM
Hard to have a case of wrongful termination in an "At Will" employment state. We are a "right to work" state here in AZ. When I managed I almost always terminated the employee when they turned in their resignation notice, they wouldn't be productive anyway.

NOTALENT
01-18-2006, 01:42 PM
Good Point AZKC....
Now she just approached me saying she wouldnt doubt it if she got her walking papers this pay period...I guess our HR girl is being quiet about things now...

Tom Brown
01-18-2006, 01:47 PM
The 2-weeks notice is only a nice thing to do. ;)
... and hardly necessary in this case, considering the employer went to the Boyd Coddington school of human resource management.

Tom Brown
01-18-2006, 01:48 PM
Gee Hoss.....we want to come and work for you......you can drink on the job......like you do....right?... :rollside:
He prefers his employees go with a payote tuck.

ROZ
01-18-2006, 01:50 PM
You are not owed your accrued sick/discretionary time.
Like the others said, vacation time up until you're termed or fired and bonuses are what they have to grant you.
It sounds as if the way to screw the boss is to use all sick time then quit on her target date.... I know that's how the post office peeps do it...lol... Turns out my mom has almost 9 months of sick/vacation pay... She subtracts those days from her retirement date so she can leave early :)

NOTALENT
01-18-2006, 01:53 PM
You are not owed your accrued sick/discretionary time.
Like the others said, vacation time up until you're termed or fired and bonuses are what they have to grant you.
It sounds as if the way to screw the boss is to use all sick time then quit on her target date.... I know that's how the post office peeps do it...lol... Turns out my mom has almost 9 months of sick/vacation pay... She subtracts those days from her retirement date so she can leave early :)
haha..damn...9 months....thats insane!! Our vacation/sick pay is combined in one.

chub
01-18-2006, 01:58 PM
haha..damn...9 months....thats insane!! Our vacation/sick pay is combined in one.
Should've negotiated a getter contract. :rolleyes:

riverroyal
01-18-2006, 02:00 PM
have another job lined up yet?Just screw around all day,get laid off and collect unemployment,thats what most people do isnt it

ROZ
01-18-2006, 02:02 PM
have another job lined up yet?Just screw around all day,get laid off and collect unemployment,thats what most people do isnt it
And how has this strategy worked for you, Mr. Mom? ;) :D

NOTALENT
01-18-2006, 02:04 PM
have another job lined up yet?Just screw around all day,get laid off and collect unemployment,thats what most people do isnt it
I will never collect unemployment unless it was a must. Or summer... :crossx:
I have had a few offers, but I havent even considered them. As of today I am going to post a resume on monster and start searching as well. I never thought it was going to get to this point...our warranty dept. warned me, but I didnt think of it being this bad...They moved him to sales because he couldnt hack it. He has been here with the company since the begining so they dont want to fire him.... :rolleyes:

riverroyal
01-18-2006, 02:05 PM
And how has this strategy worked for you, Mr. Mom? ;) :D
but Ive had many guys start dragging their feet on me,wanting a lay off.I make them sweep,all day.Ive only worked for 2 companies in 16 years,the 1st company left the state.I never quit.But im thinking about it next week after I go back :rollside:

Cole Trickle
01-18-2006, 02:16 PM
Like stated above they can terminate you as soon as you give notice and not pay you for those 2 weeks.(I have seen this numerous times in the aftermarket industry.You decide your leaving and they want you gone before you can steal product,ideas,etc...)
If it were me and she had personal/vacation days I would use them before she quits.They only have to pay vacation so those days will go to waste.
Maybe Linda can go into greater detail but a couple years back I had a job that was going to end up cutting back on commisions so I took several days off before I left and they couldn't do anything about it because no Dr. Notes are required if you are gone 2 days or less.

hoolign
01-18-2006, 02:36 PM
I quit... :mad:
Hey.. a job opening ..I'll start next thursday Hoss ! Whenever I get up i'll call ya to pick me up, and buy me lunch.... my first day!WAHHOOOO Then I'll need Friday off!!! and a cash advance for the next week! Cool ..this is gonna work out great!!

Boatcop
01-18-2006, 02:56 PM
Should've negotiated a getter contract. :rolleyes:
Is that something Larry the Cable Guy would do?
You know...Getter Done!
There should be some kind of written policy (Employee handbook??) that covers notice, termination, etc. If there is, that should cover this.
If you quit, they have until the next regularly scheduled pay-day to give you your final check (including accrued vacation). If they fire you, they have 3 working days (72 hours) to settle.

blackcloud75
01-18-2006, 02:59 PM
Say I was 2 give my 2 week notice and leave on a good note. My employer decides to fire me on the spot. Do I still get paid for those 2 week's as well as my vacation and bonus for that month??? Or are they able to just fire you???
If you decide to quit......burn the vacation first just in case you get
"triggered"

Mrs. Bordsmnj
01-18-2006, 03:11 PM
Is that something Larry the Cable Guy would do?
You know...Getter Done!
There should be some kind of written policy (Employee handbook??) that covers notice, termination, etc. If there is, that should cover this.
If you quit, they have until the next regularly scheduled pay-day to give you your final check (including accrued vacation). If they fire you, they have 3 working days (72 hours) to settle.
Nope, in California if you are fired they must give you your final paycheck immediately, if you quit, they have 72 hours. :boxed:

submakr
01-18-2006, 03:14 PM
As an empolyer in Cali, I am always amazed at how the employee thinks they are one step ahead of the employer. If you have talked to anybody at your work about this you can bet your employer already knows too. There is always a leaker!! Be careful, your employer may already have plans for you.
Yes Cali is an "at will" state. You can quit or be terminated at any time without just cause unless you are covered by a contract or collective bargaining agreement.
Good luck!!

Woodster
01-18-2006, 03:16 PM
I used to work at Circuit City doing car stereo install a long time ago.. I gave them my 2 week notice and they let me go that day and paid me for my 2 weeks. It was my understanding back then, they had to let you work the 2 weeks or compensate you if they chose to let you go. Maybe the laws have changed?

riverroyal
01-18-2006, 03:18 PM
Nope, in California if you are fired they must give you your final paycheck immediately, if you quit, they have 72 hours. :boxed:
Ive made a few fast trips to our office to get a few checks,before the Axe fell