I am a salaried chef and I recently gave two weeks notice and after one week and a very busy weekend (which I was kept around for) I was "released" from my duties. This not only happened to me, but to two other salaried employees while I was there. As a whole the owners and managers are as irresponsible and slimy as they come, but that isn't relevant here. My first question, can I file for unemployment since I was technically fired, second, is there any law that states a salaried employee has to be paid for the remainder of the months wages? That was just a rumor that I was told. Basically the staff feels like I've been screwed over and they are throwing all of these scenerios at me to go after the owner and I'm just trying to sort them out. Thank you
06-02-2006, 12:46 AM
To be clear, you weren't technically fired. Your resignation was accepted during your notice period. That's not the same thing, legally.
It's possible your state may allow for one week of UI benefits, but that's up to state guidelines. It can't hurt to try though. There's no penalty for filing and it's free.
06-02-2006, 12:59 AM
What they did is they accepted his resignation quickly,they dont have to keep him around until his date of resignation. No laws here have been broken sorry! Hope you got that weeks unemployment!
There are no circumstances where any employee, exempt or non-exempt, has to be paid for an unworked notice period, no matter what the circumstances. Nor does an exempt employee have to be paid for the full pay period in the first or last week of employment if they do not work the entire week. The employer has no legal obligation to pay you before you start working or after your last day of work.
The only exception would be a bona fide contract that specifies otherwise.
I didn't resign during my notice period. I was used for a very busy weekend and then let go after working a week of the notice. Thanks for the help, I was just curious about these things. The first response of my staff was to attack the owner in anyway possible and I just want to be able to tell them why I can't. I assumed the extra pay would only be with some type of severance package. We had no contract of any kind, he wouldn't hear of it. Thanks again.
You would be considered eligible provided that you did not receive your pay in lieu of the notice. However, WV does have a one-week waiting period.
06-02-2006, 07:23 AM
I don't think anyone said you resigned "during" your notice period. That would be impossible, because having a "notice period" basically means that you have already resigned. What we're saying is that you are not due any additional pay for the original notice period that you didn't work, and that you weren't technically "fired".
You're not understanding. You gave your notice. Your notice was accepted early. That's a resignation, not a firing. Severance is not required by law except in three states and even in those states, only in certain situations regarding plant closings.
I see. Thank you. Lesson learned; get it all in writing!!!
06-02-2006, 07:20 PM
I even understood it all lol! I love the way you word things so someone can understand the situation for what it is..thanks again!
06-02-2006, 10:33 PM
Get what in writing? :confused:
06-03-2006, 10:24 AM
Get what in writing? :confused:
i guess what will happen if he resigns in the future lol..I dont know either. ;)