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What rights do i have as an employee not having received a notice of termination?Ara
I was working as a Banquet Server at a golf course in New York State, though the primary headquarters for the corporation that oversees the golf course is in California. I was hired in April of 2009, and worked a total of three times between May 31, 2009 and June 5, 2009. I called my place of employment numerous times between June 9th, 2009, and July 4th, 2009 without any returned phone calls as to my schedule and paycheck. My father wound up calling on my behalf, since I was not receiving any acknowledgement for my phone calls, and he was told that he could pick up my paychecks since I was not in the area, as well as that he could speak to the manager (who he had spoken to via telephone) when he arrived. All managers and supervisors were absent, although my father was told to come in on a particular day. While he did pick up my past due checks, he did not get to speak to anyone as to an explanation of why my phone calls had not been returned or if I had/had not been terminated. I filed a complaint with New York State, and they reached the company that I had been employed by. Their reason for my termination was that I did not try to get in touch with them for my schedule, which is untrue (I left voicemails with my manager, as well as spoke to other staff via phone). It is now five months since I had been hired, and I still have not received a notice of termination. Since I had been told by my manager when I had been hired that my schedule might not be consistent due to the economy's current condition, and people not scheduling events as frequent as in the past, I did not seek out other employment, since I never knew when I would be due to work. I was also always notified the night before, whenever I was scheduled to work. What rights do I have as an employee that has not yet been officially notified of termination?
Cristi
Assume that you've been fired and get right over to the unemployment office. Lack of pieces of paper are trumped by intent every time and their intent it clear - for you not to work there anymore.Put this behind you but first make sure they'll ok your unemployment. It sounds like you have a good claim if it's denied.Good luck to you.
Dia
your rights are to look for another job, you didn't work long enough to collect unemployment, it was part time and that was it
Loraine
There is no law that says your employer must give you written notice of termination.Grow up.
Cody
Your rights are to get paid for the work you did, and it sounds like you did get paid. You don't have a right to a job. And if they told you a REASON why you were terminated, true or not, you'd have a hard time arguing that you weren't told you were terminated. And by the way you were what's called an employee at will, which means they don't have to give you, or even have, a reason to terminate you. It was rude of them, but not illegal, to not return your phone calls.What is this "notice of termination" you are talking about? They told you that you are terminated, and haven't called you to work in months. That's enough.
Adriane
If you are an 'at will' employee (not under a union or written contract) you can be terminated for any or no reason, with or without any notification. Initially, this employer may not have notified you because, when and if they have an event that they need you for, they will call you. Since you were not guaranteed a certain number of hours they are within the law.Now that you have filed a complaint and the response is that you were terminated, you are out of a job. Termination does not require an official paper notification in most states and the federal law. Most terminations are verbal.Why do employers do that? Who knows. Maybe they had no business. Maybe they hired friends and family in your spot (not illegal). Maybe they are just lazy and the same type who will not respond yes or no when a person goes for a job interview. As for the employer lying to the new york agency that you were fired because you did call -- employers lie, especially when confronted by a state agency like unemployment office. What can you do about it? If you believe that you were discriminated against because of a federally recognized bias (age [over 40], sex, race, color, ethnic origin, nationality, religion, disability, marital or military status) you can go to http://www.eeoc.gov and file a discrimination law suit. For most EEOC discrimination complaints you will wait about a year or so for an investigation and then be directed to hire your own attorney for a federial district court trial - expensive. If you have sufficient jobs, you may be able to get unemployment benefits. The only way to tell is to file and see what you are told. This employer may object to the unemployment benefits on the grounds that you abandoned your job. Then you can testify at an unemployment benefits hearing.
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