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Gave my two weeks notice, then let go with pay?! Massachusetts

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  • Gave my two weeks notice, then let go with pay?! Massachusetts

    On October 29th, I gave my employers my two week notice stating that November 15th would be my last day working for the company. I was a store manager and after I sent in my resignation letter was being treated unprofessionally by my area manager. She acted as if I no longer existed and would only speak to my assistant manager. On Thursday, November 13th it was my day off and I only had two more days left to work. My area manager called my cell phone and asked when my last day was. I told her it was Saturday. She then stated that I did not need to come into work on Friday or Saturday but that I would still receive two full days of pay for the days.

    Is this considered being fired or laid off? I need to know in order to apply for unemployment. I tried contacting HR and they are not assisting me in the matter.

    I read that in the state of Massachusetts you must be handed a paycheck if you are let go. I was not. Is this a case I can bring to the labor board in regards to a "waiting time penalty?" I requested my final paycheck be sent to my home address. I was told over the phone by HR that this would be honored. Well today I'd payday and I've yet to receive the paycheck as promised!

    I suppose my main question is.. Even though I gave my two weeks notice. Will my boss telling me I don't need to fulfill my last two days of work be considered me getting fired? Or is it still me quitting? And if she told me that I didn't need to work shouldn't she have handed me my paycheck then and there?

    Please help!

  • #2
    Technically you were paid 2 days in lieu of notice. This is like being fired to the state. Not sure if you have another job lined up, but those 2 days would be part of your state's week-long waiting period before you would qualify for benefits.

    As far as the missed paycheck, if they mailed it on your last day (since you weren't at work) they would have been within the law. If it should be there by now, you should contact them to let them know you haven't received it.

    Comment


    • #3
      I am asking this for a reason. Do you, or do you not, have another job to go to? If so, when does it start?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        They refused to mail my paycheck on my day of termination and stated it would be cut with all the other pay checks and received on the company's scheduled payday which is today.

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        • #5
          It is not unusual for employees who tender their resgination to have that resgination accepted immediately or prior to the date you choose. Please do not take it as any attack on you or your character. If you are a non-exempt employee, you dont even have to be paid for days that you dont work so you are luckier than many to be paid for those 2 days.
          Mass is not my state so I'll let someone else address when paychecks are due.
          I find that the harder I work, the more luck I seem to have.
          Thomas Jefferson

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          • #6
            You weren't fired, they just took you off the schedule early. You aren't going to qualify for Unemployment.

            It was generous to pay those two days even though you were not working. That is totally legal.

            As you quit, you should get your final paycheck on the date you would have had you not quit. In other words, if you would have been paid for November 1-15 on November 20, that is the date you are entitled to that last check.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              Originally posted by cbg View Post
              I am asking this for a reason. Do you, or do you not, have another job to go to? If so, when does it start?
              I do not have another job lined up. I have been interviewing, of course, but no offers as of yet.

              Comment


              • #8
                The reason you quit is going to play a big part in the decision on whether you get unemployment benefits or not. As an employer, I would fight a claim where the employee voluntarily gave notice. You will have an uphill battle I suspect. Each state is different though so the worst thing that happens is that you apply and get denied.

                [That said, in my state, since you gave notice (two weeks or less), the employer and state would still count you as voluntarily leaving even if the employer accepts the notice early. Over two weeks notice, can go either way. Any wages paid in lieu of notice would count (in my state) and you wouldn't start the waiting period until after that UNLESS the employer paid you those two days in exchange for a waiver/release of claims]
                Last edited by hr for me; 11-21-2014, 10:16 AM.

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                • #9
                  Massachusetts is my state.

                  For purposes of when they owe you final pay, you quit. If they'd let you go WITHOUT paying you for the last two days, you might have been able to make a "firing" fly. But as it was, you simply didn't have to work the last two days. That's not a firing. They are not obligated to pay you in on the final day, or even mail the check on your final day, under these circumstances.

                  I'm not at all sure you're going to be able to make this fly as a firing for unemployment purposes, either. For that purpose, you'd better hope you can convince the DUA that being taken off the schedule WITH pay is a firing, because unless you quit for a reason that would not disqualify you for benefits (and there aren't a lot of those), you weren't going to get unemployment anyway. If you had a job to go to, I'd tell you not to even bother filing since MA has a week-long waiting period and two days won't get you where you need to be. Since you don't, go ahead and try but I'm not even close to sure you're going to be approved on the basis of the two days.

                  Do you want to share why you quit? You don't have to, but it will help evaluate your odds of collecting UI. Right now they are very, very, very low.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Originally posted by cbg View Post
                    Massachusetts is my state.

                    For purposes of when they owe you final pay, you quit. If they'd let you go WITHOUT paying you for the last two days, you might have been able to make a "firing" fly. But as it was, you simply didn't have to work the last two days. That's not a firing. They are not obligated to pay you in on the final day, or even mail the check on your final day, under these circumstances.

                    I'm not at all sure you're going to be able to make this fly as a firing for unemployment purposes, either. For that purpose, you'd better hope you can convince the DUA that being taken off the schedule WITH pay is a firing, because unless you quit for a reason that would not disqualify you for benefits (and there aren't a lot of those), you weren't going to get unemployment anyway. If you had a job to go to, I'd tell you not to even bother filing since MA has a week-long waiting period and two days won't get you where you need to be. Since you don't, go ahead and try but I'm not even close to sure you're going to be approved on the basis of the two days.

                    Do you want to share why you quit? You don't have to, but it will help evaluate your odds of collecting UI. Right now they are very, very, very low.
                    Where to begin? Was hired as salaried for a 40 hour work week and then once I had agreed to the terms of payment, was told on my first day that I was required to work a 44 hour week. Transitioned my brand from selling men's and women's to just women's and was forced to "relocate" aka fire any males I had on staff. The straw that broke the camel's back was when we were handed a binder stating that store managers were required to work 6 days a week during holiday and that our Thanksgiving comp day could be used so that we only had to work a 5 day work week during the week of Thanksgiving. To my understanding I shouldn't have to use a comp day do I can work a normal 5 day work week like everyone else! It's retail problems at their finest.

                    Comment


                    • #11
                      I am asking this for a reason, too.

                      What steps did you take to try to resolve these issues before you quit?
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                      • #12
                        I don't know many retail store managers that wouldn't have the same type of expected hours. Being salaried exempt means that the employer can ask you to work unlimited hours. There is no 40 hour work week with salaried exempts. 40 hours is just the line for when the employer must start paying a non-exempt an overtime rate.

                        Asking you to work 10% (bump to 44 hours) generally isn't enough. How long of a time period was it between the 44 hours that you were then told to work a 6day week ? cbg can better tell you where MA's line is on that one, but what you are stating is very common in the retail industry and by the time you make it to store manager, I would think it would actually be known/expected. And usually I have seen good cause quits when the employer DECREASED hours rather than increasing them.

                        There are many times in other industries (such as HR/Benefits around Open Enrollment time or accountants around tax time) when exempts are required to work extra hours/days. It's not uncommon at all. For that reason, I think you will have a hard time with your argument as that being good cause to quit.

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                        • #13
                          Were you actually told it was a 40 hour week or did you assume it because you were hired as exempt?

                          I ask because I know of no established retailer who would make that sort of statement. I worked in Retail Management for 5 years and I have 2 relatives still in the retail field. It is widely known that managers work long hours and a closing manager works until the store is ready to be closed. Also between Thanksgiving and Christmas, you work 6 days a week and they are long days (12+ hours are normal).

                          As an exempt employee, the government only cares if you get paid your salary, it does not care what bucket the money comes out of.

                          I am also in MA and given your circumstances, I would not have cut a manual check since you were not involuntarily termed. I would expect your company to fight any unemployment benefits for you. You didn't like legal working conditions and quit. That won't qualify you under the law.

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                          • #14
                            Ok not sure where your going with this. You gave notice and they paid you through the notice. Since you quit (regardless of when your last day worked was) you do not likely meet criteria for UI benefits. Nothing is different from your notice other than you now had two extra days to seek employment.
                            http://www.parentnook.com/forum/

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                            • #15
                              Originally posted by panther10758 View Post
                              Ok not sure where your going with this. You gave notice and they paid you through the notice. Since you quit (regardless of when your last day worked was) you do not likely meet criteria for UI benefits. Nothing is different from your notice other than you now had two extra days to seek employment.
                              Agree...you resigned. If they'd let you work out the rest of your notice period, you would not have been entitled to UI benefits. But now that they accepted your resignation early and very kindly paid you through your notice period (they're not legally obliged to do that, you know), all of a sudden you're freaking out because you won't get UI benefits?

                              If UI benefits are so important to you, why did you resign, knowing you wouldn't get them?

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