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cmhymel
08-16-2005, 06:54 AM
In the event that I am terminated, does'nt my employer have a certain amount of time in which to issue me my last pay check? If so, what is the time frame? Also I handed in my letter of resignation, if she were to let me go before the date of resignation, then that is still termination, correct? And I should still be able to recieve a termination slip and my last check, am I right? I am unsure about these things. I am going on memory. If someone could help I would be greatful. By the I reside in Louisiana I am not sure if the laws are different by state.

cbg
08-16-2005, 07:58 AM
Yes, the laws vary by state. In Louisiana, the employer has until the next regular payday or within 15 days, whichever is earlier, to release your final pay.

Every time you leave a job it's a termination. The question is whether or not it's a voluntary termination (which means you instigated it) or an involunatary one (which means your employer did).

No, if you are not allowed to work out your notice, that does not transform it into an involuntary termination. It's still a resignation. It's just a resignation in which your notice was accepted immediately.

In some states, if you resign with notice and the employer accepts your resignation but not the notice time, you are eligible for unemployment. It's still a resignation, or if you prefer, a voluntary termination. It's not a firing. It's just one in which you are eligible for UI for the period of your notice. I don't know offhand if LA is one of these states or not.

I don't know what you mean by a termination slip. In LA, the employer is not required to provide you with anything in writing about your termination, regardless of whether it is voluntary or involuntary.

bears00
09-17-2005, 12:43 PM
In Louisiana, if you resign, and you can prove that your employer terminated you before you were allowed to work out your notice and it was for their convenience, then you can collect UI insurance. :D

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