There have been firings and big drama at my job. Today I gave 3 weeks notice in writing, and the regional manger made today my last day. I signed a separation report that stated I gave no reason for the separation, and I added that I did offer 3 weeks notice.
I’ll get my last check on Tuesday. Not sure what I’m entitled to, if anything in the way of reimbursment for remaining vacation time or any of the remaining 3 weeks of pay. Or if I can even file for unemployment.
How do I find out what my rights are? Do I just call the unemployment office & try to file & see what happens? Do I wait & see what my last check includes? I have zero idea how this works.
I’m in Cali, and I’d bet I’m not eligible for unemployment for quitting, but what about the remaining 3 weeks? I gave 3 weeks notice, and they let me go 3 weeks early. Should I expect to get paid? I mean, I did this in good faith. The manager just got fired, and I’m the second most capable person there, with the third most capable falling somewhere below the 75 IQ range (I kid, but I’m probably not far off). I’m moving back home to Ohio in 4 weeks, so I was going to be leaving anyway, never mind that it’s the worst job I’ve ever had. I did the right thing by giving ample notice, and then they asked me to go.
Just not sure where that falls on the “what I should expect” scale.
Sounds to me like you messed up by signing the paper you signed. Probably the reason they had you sign it was so you couldn’t collect. The best thing to have done was refuse to sign it. Oh well, hindsight is 20/20.
You probably cannot file for unemployment if you resigned.
The moment you resign in Texas is the moment you empower the employer to replace you. I learned this when a friend gave one months notice to allow them time to replace him and he was on the street right then.
It’ll be interesting to see the check they cut for you. I remember the natural gas company used the idea “If you don’t want to work for us 2 weeks from now, you probably don’t want to work for us now” and they’d ask for your keys right then.
BUT they’d cut you a check for the next two weeks right then, too.
No, not really. Sure, it protects them if you come back to sue or something, but there’s really no legal difference.
Your employer does whatever. You don’t get free weeks that you would have worked just because, but some will give you extra pay anyhow. You DO get your normal pay for your vacation time accrued. You also get paid the remaining two weeks if your company had a “we hold your first paycheck and then send it to you when you leave” policy. There might be some California regs, but that’s the usual practice everywhere.
You probably shut yourself out of unemployment by signing the paper.
However, it is possible in California to get unemployment if you can show you quit with cause. I’ve quit a job due to a hostile work environment. I worked as a personal assistant with a woman who was verbally abusive and one day I quit on the spot. No notice. I applied for unemployment and was initially denied. The interviewer kept asking if there was any chance of me going back and getting my job back, e.g. give her a second chance, apologize, etc. However, I appealed the decision. I went before a judge and explained why I quit and answered questions such as did the employer agree to act different and then failed to do so. A few weeks later, I got a letter with the verdict. The judge agreed with me and the rest of my mail were all my back-unemployment checks.
You can give it shot if you want as you can get two tries.
In Illinois for example where I did payroll/HR, we let people go immediately after they gave notice and when people have done this, our company fought unemployment claims. We actually fought all claims legit or not.
Anyway, in some cases the judge ruled in favour of the dismissed, in others they did not.
I always say FILE for unemployment. You will probably get turned down but you can appeal. If you win on the appeal you get back checks.
It depends on the judge you get and the fact that there are economic hard times, may sway him/her in your favour.
I was fired from a job and collected unemployment. After a while of looking I found a job at a telemarketing place. I couldn’t take it so I quit and because of that I couldn’t collect unemployment again. Finding a new job was the worst thing I did.
After a few hours mulling this over, I realize they don’t have to pay me if they don’t want to. I guess I can understand why they feel like they wouldn’t want to keep someone there who has resigned amid a bunch of drama, considering morale & whatnot.
I guess I’ve just never been told to “fuck off” from a job before. I was going to quit the day the manager got fired- as a conscientious objection- because he was accused of something he didn’t do, on top of a bunch of other borderline unethical crap I was sick of, but I called the old regional manager, who I’ve always had a good relationship with, and he encouraged me to “stick it out 'til the end” and to give advance notice, which would be “the right thing to do”. And this is what I got for doing the right thing.
I recognize that I can’t get three weeks pay on principal, and I don’t know that I care enough about that godforsaken job to spend my time and energy fighting it. I have to get ready for a huge move. I guess I should just chalk it up as a job I should have never taken in the first place, and feel grateful for the income I got for as long as I was willing to put up with their bullshit.
First of all, kudos on acting out of principle and and all that.
But your first mistake is thinking that good things happen to good people. This is true in general but it’s even more so when it comes to businesses. If someone gave me three weeks notice amid a bunch of drama I’d fire him too, given that a person isn’t going to be as productive when they know they’re on the way out. I’d likely be afraid of you poisoning the waters amongst the other employees during that time, too.
I wish you well in your search for new employment.
California is an at-will employment state. You can quite anytime and your employer can let you go at any time (assuming it isn’t for anything illegal such as discrimination). Once you give notice, there’s nothing to prevent your employer from telling to go NOW. By voluntarily leaving in this case, you’ve made it very tough to get any unemployment benefits, but no harm in trying anyway.
From personal experience with EDD - suck it up, let it drop, don’t waste your time and start packing.
There’s a waiting period - I can’t remember if it’s 10 calendar or business days, so you’re looking at two weeks unpaid at the start. Then, if you’re leaving the state in 4 weeks, you’d only be eligible to receive about two weeks’ compensation.
Because you initiated a voluntary separation, they will schedule a telephone interview. They’re so backed up that this will probably be for a date after you’ve left.
On top of all that, EDD staff are some of the worst government people you’d ever dream of working with. If you go to one of their local offices with a question, you’ll be directed to call the main number and sit on hold for 30 minutes before the phone system gives up and cuts you off.
When you give notice, you have to be prepared to be walked out the door immediately. This is one reason why (for non-management positions), you never give more than two weeks notice.
If you were planning on moving back home to Ohio in four weeks, I would have waited two more weeks before giving notice, and told your boss that this is why you were giving notice.
Also, never sign anything without getting something in return.
Here, at any rate, if your contract stated you had to give due notice and you were bundled out the door immediately you did (as is common these days, they don’t want you planting a poison pill inside the computer systems that goes off once you’ve quit) then they would have to give you 3 weeks money in lieu. But if it’s an ‘at will’ state there’s nothing you can do.
You should at least try for it. I was hired as an independent contractor and signed papers to that effect (which means no unemployment). Laid off a few months later, and went in like normal to the Unemployment office and listed them as my former employer, started getting money immediately. They then fought it, but I was able to prove that I had been “misclassified” as a contractor when the job was clearly meant to be a regular employee.
I won, but really sweated while waiting for the results, because if I lost I was going to have to pay all the money back. I wonder how much they had to end up paying. I hope it was a lot because they really screwed me over.
If you inform the unemployment folks you are moving, that tells them you are not able to work. That will go against your claim, and with what has transpired already, your chances of obtaining unemployment are slim to none.
Chalk this up as a life lesson. Whatever personal loyalty you think you owe to a former boss, or even the company, means squat to the company. You are merely a commodity and if cutting their expenses means cutting you out early, they will do it. This is even more so in this employment climate.
It has been a standard courtesy to give your employer two weeks’ notice before voluntarily leaving your job. That notice is for the benefit of the employer, and not you. It gives your employer the opportunity for them to hire someone in place of you and for you to train them, while you continue to do your job. Again, it’s for the benefit of the employer and not you. When times get tough, employers have to cut needless expenses. So the two week notice really is cutting your own throat, and you do it yourself. Your employer has an immediate cost savings and chances are, doesn’t fill the job anytime soon, no matter how important you think the job may be, or were told that by your employer. Cost savings is number one for a company no matter what right now.
Next time when you leave a job, it’s still proper to give two week’s notice, and nothing more. But when you do, be prepared to be escorted out right then and there. Have plans in place that you are now out of a job at that very moment. (If accrued vacation time and/or severance is not in writing before you give notice, expect and plan to leave with nothing, other than the polite backslap on your back or a bootprint on your butt.) You might be leaving for a new job. Now you have two weeks of unpaid vacation. You might be leaving to move (in your case). So you plan to move now and not wait an artificial four weeks (unless you have no choice).
