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rebdomine
12-22-2008, 11:20 PM
What happens if you get sent home early, then quit, and then your employer calls you to tell you they are terminating you?

Does the fact that they terminated you even though you tried to quit make a difference in when you have to get your final paycheck?

What if they didn't get your resignation letter until AFTER they fired you?

Please help!

rebdomine
12-22-2008, 11:36 PM
And one other question is... if I sign an involuntary termination slip, does that solidify the fact that I was fired?

They keep doing this to people who quit, then they say they fired them, or people they fire then they say they quit. I'm going to see tomorrow if I can get a signed paper to put on file either way, so I will know.

But does that signed paper for involuntary termination trump anything else? If the paper is dated after everything else?

Pattymd
12-23-2008, 04:24 AM
If you told them you quit (with no notice) before they discharged you, they have 72 hours to issue your final pay.

They are not required to give you or provide you with a "signed paper" so I wouldn't count on anything.

rebdomine
12-23-2008, 10:10 AM
Of course the paper isn't required but it's standard procedure for the company to do so. That's what they do.

The quitting notice was given after the phone call saying I was fired. By about an hour.

rebdomine
12-23-2008, 10:15 AM
Since you didn't know it was company policy to provide the paper (not optional with this company) I'll just ask again... if I get my paper and it says involuntary termination, and I sign it, and that's what's on my file - does that paper signed by myself and the boss trump the resignation letter that was sent after I was informed via phone that I was fired?

panther10758
12-23-2008, 10:24 AM
That issue wont arise unless you file for unemployment benefits. If you file I suspect that letter will prevent you from getting said benefits

rebdomine
12-23-2008, 12:13 PM
I'm not interested in unemployment. I'm actually trying to be fair to her and tell her she needs to decide on whether I'm fired or I quit. She fired me before she knew I even quit. I told her she has two options but she needs to tell me if I quit or I was fired:

1. If I quit - Fill out the voluntary termination form and I won't be able to file a wage claim for waiting time penalties since she did not have my check ready when she fired me.

2. If I was fired - Fill out the involuntary termination form - and I will mail off my wage claim form and she will have to pay me $66/day for up to 30 days until I receive my final paycheck.

I'm trying to give her a chance here to do things right. I don't care if I was fired or I quit. It was a crappy job and I am not working for anyone else ever again. She owes me a lot of money from unpaid hours, and my lawyer said I could sue of course. But it's small enough to be solved with a wage claim.

Either way I'm filing a wage claim for the unpaid hours I've worked. But I'm giving her a chance with this one to do the right thing. My friends work for the same company and this owner is crazy, she fires people on a whim and then doesn't pay them so I'm not leaving this without making sure she knows what her legal obligations are when she does fire someone.

panther10758
12-23-2008, 12:22 PM
If your not trying to collect UI benefits this this is rather meaningless

rebdomine
12-23-2008, 12:26 PM
Maybe you didn't read my post. It isn't meaningless.

If I quit she has 72 hours to get me my check. She hasn't gotten me my check yet. If I was fired, then I will file for waiting time penalties.

panther10758
12-23-2008, 12:28 PM
File the complaint that will force the action! I did read and you have already sought an Attorneys advice (smart). You dont need them to do anything you can force it by filing the complaint

rebdomine
12-23-2008, 12:33 PM
That's incredibly true. I should just file it and then see what happens. Part of me wants to give her a chance but the other part of me just doesn't care. I don't care about the money although it would be nice to have - I want her to stop doing this to everyone else... I want her to know that she needs to make smarter business decisions when she fires people like she does. But then again, if my friends stay there they're responsible for putting themselves in a bad position knowing what she's like.

rebdomine
12-23-2008, 07:25 PM
Just got word that he chose to accept my resignation. So that helps a bunch!

Now he just dropped off my final paycheck and it's just a personal check for an even amount of money. No deduction slips or anything. I have no idea what I'm being paid for.

What do I do? Do I include that with my wage claim for my unpaid hours?

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