Legal Problem

[Greg12]

I've looked online but i'm having trouble finding an answer to this question.

"Once an employee has submitted a 2 weeks notice, is it lawful to fire said employee, especially if your employment conditions specify 'If two weeks notice is not given, wages will be paid at minimum wage'"


I am going to get my paycheck tomarrow and my boss thinks in his mind he can fire me because i quit and didn't show up. There is a possibility this may fall back to the court system, especially because his checks are soo fraudulent, the bank he writes them on does not like cashing them because they so often are returned "insufficient funds."

Also in my research I did find it is a breach of federal law to not pay employee's. He is guilty of this as he often misses paydays, in fact i have occasionaly went for 6 weeks without being paid.

I hope it doesnt' resort to the court's but if it does, i need to know how solid legal ground im on. I have a possible lawyer retained to.


I can just see it, i just turned 18 tuesday and i'm in court next monday.

[Tommyknocker]

Good thing you have decided to retain coounsel. Even if he does fire you, you may have grounds for emotional distress, for all the pain and aggravation he has sent you through, in my opinion. What does your lawyer say?

[Conquest10]

6 weeks without a check? I don't know what I would have done if that happened to me. Why would you let them do that to you. Don't know too much about that whole two week thing but if I did that my pay would have been unaffected.

[adam]

Well he can't fire you because you have already quit, you are just finishing out the term specified in your agreement. I'm a little confused as to what the problem is. You put in your 2 weeks notice, and rather than let you finish it out he just wants you to stop working immediately? Do you really care about working those extra two weeks that much?

Notice of terminating your employment is solely for the employer's benefit. It is simply so that your employer can take steps to find a replacement before he's short a staff member. If your employer wants to waive that right which he is guaranteed under your contract, he can certainly do so. You didn't go into any detail regarding your employment but I assume you are what is considered an at will employee, which means that your employer can pretty much fire you any time he wants. Obviously he can't fire you for discriminatory reasons, but short of that you have no right to being employed by him unless the contract guarantees employment for a specified term or specifies that you can only be terminated for cause.

YOU are obligated to work for 2 more weeks unless he lets you off. As far as your question is concerned, your EMPLOYER is not obligated to do anything other than pay you for the days you have worked.

If he refuses to pay for days which you have worked than tell him you will take him to small claims court if he doesn't pay, and if that still doesn't work than go ahead and take him to court and make sure you also request court fees. I honestly don't think this is even worth talking to a lawyer about. If you no longer want the job then why fight over this?

As for past instances of delayed payment, if he has since paid you then the most you can do is try and sue him for lost interest, and I doubt that would be worth your time.

[The village idiot]

Call the local District Attorney's office and ask their advice.

[adam]

Why would you ask a DA about a civil dispute between two individuals, and a labor one at that? A DA is not going to give you legal advice anyway, that's not their job.

[defense]

adam wrote:

Why would you ask a DA about a civil dispute, and a labor one at that? A DA is not going to give you legal advice anyway, that's not their job.

true...but maybe they said that because they are a self-assessed "MASTER IDIOT."

[Will Hay]

Well he can't fire you because you have already quit, you are just finishing out the term specified in your agreement. I'm a little confused as to what the problem is. You put in your 2 weeks notice, and rather than let you finish it out he just wants you to stop working immediately? Do you really care about working those extra two weeks that much?

I read the question a little different.
I understood that Greg had handed in his two weeks and then not showed up, expecting his minimum wage rather than his normal (whatever that is) pay cheque.

I am going to get my paycheck tomarrow and my boss thinks in his mind he can fire me because i quit and didn't show up

I think the problem is that gregs employer is a little pissed he has to pay minimum wage and get nothing in return for the two weeks greg didn't show up.
I wish we had this wonderful right in the UK whereupon we could hand in our notice, not work it and still get some form of remunerance.
What a wonderful place the US is!
Of course if greg is looking to recover salary owed other than within the notice period that's a completely different matter.
It works completely different in the UK, you are entitled to nothing if you give notice and don't show, in fact you're actually liable for employer costs (if said costs can be proved, but these cases are never tested). Every notice I've given (currently on twelve weeks in my curent job) I've been told to leave immediately and have been paid my notice and instructed to take 'garden leave', ie. unable to work until the notice term expires.
Extra holiday, whoo-hoo!
Only had three jobs in sixteen years though, time to move on I think
Will

[pacmania_2001]

Does the United States have a commision like we do called the Industrial Relations Commision to sort these matters out? If so you should talk to them and they should be able to sort out any matters.

Also if you are in a union they normally offer legal advice and will take up your cause if you are in the right.

[adam]

Ok Will you may be right, but if that is the case then the answer is even more clear. Once again, notice of intent to terminate employment is solely for the employer's benefit. Why would an employer bind himself to pay an employee even after they have stopped working? Well in some contracts its unavoidable, but in an at will employment situation, its just not done. He can fire you anytime he wants, and you can quit anytime you want subject to the specified notice. Either way, at most you get paid for the days that you have actually worked.

All that clause is saying is that if you quit without giving notice, then for any outstanding wages from that pay period, he can reduce them to minimum wage. Its a contingency clause. He can't afford to file suit everytime someone breaches their employment contract, so he specifies his relief in the event the employee breaches, ie: doesn't give notice.

Just because you have given notice doesn't mean you can just not show up to work and continue to collect minimum wage for the rest of the pay period. If you don't work you don't get paid. I would consider myself lucky if he even pays you full amount for days you worked.

[Greg12]

I don't want the money from the two weeks I didn't work, i know i'm not entitled to it.

My last paycheck was for the period ending October 7th. I want the pay i'm entitled to from October 8th to October 19th when i quit. I think he might not wanna pay me because he's a jerk n he might think because he fired me, he doesn't owe me neything.

I also think it's illegal for him to say he fired me after i turned in my two weeks notice.

[ChrisX]

I don't want the money from the two weeks I didn't work, i know i'm not entitled to it.

My last paycheck was for the period ending October 7th. I want the pay i'm entitled to from October 8th to October 19th when i quit. I think he might not wanna pay me because he's a jerk n he might think because he fired me, he doesn't owe me neything.

I also think it's illegal for him to say he fired me after i turned in my two weeks notice.

I don't think your boss can legally fire you after you given two weeks notice to quit. It would have to be one or the other, two weeks notice or to fire. Not both.

The refusal to pay you the remaining two weeks is illegal after you given notice to leave. You should contact your local US Dept of Labor or equivalent US Government body.

I got the links:

US Dept of Labor: http://www.dol.gov/

US Labor Relations Board: http://www.nlrb.gov/nlrb/home/default.asp

US EEO: http://www.eeoc.gov/


Anyway, your situation reminded me of what happened to me 3 years ago.

I was going to submit my two-week notice to my boss that day at the non-profit organization. The boss fired me first and I got two weeks in lieu of notice. I didn’t mind at all and in fact I was happy about it.

The place was too much for me. I didn’t want to continue working there. The time was getting close the Sydney Olympic Games and transport was getting very busy and difficult.

This happened on the right day and never came back.

Greg, why continue working there? Go find another job now.

[ChrisX]

Good thing you have decided to retain coounsel. Even if he does fire you, you may have grounds for emotional distress, for all the pain and aggravation he has sent you through, in my opinion. What does your lawyer say?

I know; I've experienced the dismissal without warning at all. I was in an emotional shock and disbelief. This took me a week to get over it.

I was working very hard there and the supervisor has to get someone else to do the unfinished work herself. No one wants to do the dirty work.

The General Manger at the top fired me. I was doing my best working there and the firing was ridiculously unfair and extreme.

They lied about my work performance with having very strict work rules. The rules were too strict and nearly impossible to adhere.

It was too hard working there and they made up stories about me with discrimination. They treated as if I have no rights at all.

I’ll never work at place like that again. I tried to sue them and failed.

[BJ_M]

Greg12
don't slander your boss -- this forum gets 15 million hits a month ... what you say may haunt you later ...

get legal advice ...

keep really good records ...

[ChrisX]

Greg12
don't slander your boss -- this forum gets 15 million hits a month ... what you say may haunt you later ...

get legal advice ...

Greg,

Be careful; never reveal your employer or your boss online, not even a hint. I can’t say anymore for legal reasons too.

[Tommyknocker]

I’ll never work at place like that again. I tried to sue them and failed.

What happened when you tried to sue?

[ChrisX]

I’ll never work at place like that again. I tried to sue them and failed.

What happened when you tried to sue?

Insufficient evidence, I can't say anymore.

[lordsmurf]

Greg12 don't slander your boss -- this forum gets 15 million hits a month ... what you say may haunt you later ... get legal advice ... keep really good records ...

I've sued my former employer before and won. (Actually they settled before I got my day in court because they knew they'd lose.) I then proceeded to report them to agencies and plastered their horrid practices everywhere I could, and it indirectly resulted in them losing money (as they were public sector and subject to government budgets, whereas they lost a request AND had money taken away from the next fiscal budget). And I feel damn good about it too. They can all go to hell.

Slander (libel when written), whistle-blowing, and fair comment are different. Venting frustration is freedom of speech. This much I learned. XYZ Company can be publicly called "thieving scum" in public, just not the boss Mr. Smith (who is not a public figure). Choose words wisely.

Keep records. Get a lawyer. Good luck.

[Will Hay]

Just because you have given notice doesn't mean you can just not show up to work and continue to collect minimum wage for the rest of the pay period. If you don't work you don't get paid. I would consider myself lucky if he even pays you full amount for days you worked.

Glad to hear it's the same in the US as it is in the UK.
Will

[Greg12]

I never slandered or libeled were I work, i told the truth and nothing but the truth.

I have been very careful never to slander or libel my ex-boss or his company.

[FoolishBrett]

I'm not an attorney but I have talked to attorneys about these types of issues myself (I also have had difficult employers).

First off, employment is considered "at will" this is state specific. This basically means that either party can discontinue the relationship at any TIME for any reason. (put an asterisk on the reason in cases of sexuality, discrimination etc). Thus in my layperson opinion, he could fire you during the two weeks of notice.

Back pay, no question he owes you and will have to pay. How to get it, 1) hire someone 2)file in small claims court. If you hire someone they will pretty much only want to send nasty letters and perhaps call. If you go to court, plan on spending more than you will recover. If you go to small claims court, you represent yourself, it costs minimal, like $50, and in my opinion is fun. Most small claims courts will do what attorneys have told me "rough justice" meaning you will get some but not all of what you ask for. Thus I would ask for not only the two weeks, but interest on late payments before, perhaps unreimbursed expenses, etc. I have done small claims court, won and collected.

In addition to your out of pocket cost for any option, is your mental cost. These issues will eat away at you, ie. posting on dvdrhelp. You will become somewhat consumed if you let it. Going to court will take months. If the money that you can possibly get back is small, consider writing it off as a life experience and moving on. I know easier said than done but I'm still owed about $8,000 in commisions from a previous employer.

In general my opinion is to try to negociate as much as you can on your own and let it go. Focus on your new job and make sure you kick ass there without distractions.

[zzyzzx]

I live in Maryland, and I have talked to a lawyer about this. Your employer can fire you after you give notice and not pay.

Moral of the story: Don't give 2 weeks notice.
You are stupid if you do.