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Terminated but forced to work or "quit"

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  • Terminated but forced to work or "quit"

    I was terminated yesterday as the owner and I "clash" but was told I was required to come in to work today, which I did, or he will say that I "QUIT". He tried to pay me two weeks pay to say that I quit but I refused. The girl he wanted me to train was not able to come in today so he just walked up to me in the office and told me that I better be in on Tues to train her. I asked him what he was talking about as he said today was my last day and he said You better be here tuesday or I will consider that you Quit.

    I have seen him do this so so many times, make peoples lives hell at work until they quit so he will not have to pay unemployment. I didn't quit, I tried hard and he fired me but now he says if I do not do whatever he says that he will fight unemployment and say that I " Quit
    ". Is there a law against this? I can't stop crying and I don't want to be in a office where everyone knows I was fired. I have an interview set up on Tuesday with my old employer. I just want to go find a new job. I tried my best there and it didn;t work and he fired me and now he is trying to get out of paying unemployment benefits by pushing me around? Can he do this? Please tell me I do not have to go in that awful office again on Tuesday. I just can't do it. I went today and I was going to train the new girl, it was agreed on but she didn't show up. Please let me know.

  • #2
    Originally posted by blueiyes
    I was terminated yesterday as the owner and I "clash" but was told I was required to come in to work today, which I did, or he will say that I "QUIT". He tried to pay me two weeks pay to say that I quit but I refused. The girl he wanted me to train was not able to come in today so he just walked up to me in the office and told me that I better be in on Tues to train her. I asked him what he was talking about as he said today was my last day and he said You better be here tuesday or I will consider that you Quit.

    I have seen him do this so so many times, make peoples lives hell at work until they quit so he will not have to pay unemployment. I didn't quit, I tried hard and he fired me but now he says if I do not do whatever he says that he will fight unemployment and say that I " Quit
    ". Is there a law against this? I can't stop crying and I don't want to be in a office where everyone knows I was fired. I have an interview set up on Tuesday with my old employer. I just want to go find a new job. I tried my best there and it didn;t work and he fired me and now he is trying to get out of paying unemployment benefits by pushing me around? Can he do this? Please tell me I do not have to go in that awful office again on Tuesday. I just can't do it. I went today and I was going to train the new girl, it was agreed on but she didn't show up. Please let me know.
    You are not eligible for unemployment if you turn down work so your employer has indeed put you in a delemna.

    If you were fired, go ahead and file for unemployment and state your case. Even if he fights it you can appeal.

    To protect yourself further, put in writing the day and time you were fired and mail it registered mail to your employer.

    Show up for work as he has asked and let him know you will file for unemployment if he does not keep you on staff.

    Try not to worry so much about what others will think. The economy is very tough right now and jobs are hard to come by.

    I wish you the best.
    Last edited by Sue; 02-18-2005, 03:27 PM.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      Additional Advice

      I have some additional advice for you. Go to work on Tuesday. However, also send a letter, via certified mail with return receipt required (so that you have proof that it was received). Send it tonight, if at all possible, so that it is delivered tomorrw. (If you go to thepost office closest to the office, it may assist in ensuring delivery.)

      In the letter, recap the conversation, including the fact that he has tried to coerce you into quitting. Tell him that you are not resigning as he requested. In the letter, state that if he disagrees with this letter he must put it in writing.

      Once you have proof that the letter is received and then he fires you, you will have proof that you did not quit but instead, you were fired. That this letter won't be fool proof, it may help.
      Lillian Connell

      Forum Moderator
      www.laborlawtalk.com

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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