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I worked for a company for 2 years and never got into trouble, never been written up, always had a flexible schedule. Now, I had a lifestyle change and can't work the times they require for the position. Keep in mind, I can do the job, did it great, now I'm without a job. My boss let me work for 2 months at my own schedule and decided she can't afford to pay me anymore since I can't work the times needed. I ask for a transfer, but the other stores can't afford me. I didn't quit, I still showed up for work everyday. When she tells me this, I leave and don't come back. Was I laid off? I didn't quit. Now they terminated me because I didn't show up for work. I am confused. Was this legal?

2007-02-05 03:27:16 · 7 answers · asked by justright73 2 in Business & Finance Careers & Employment

7 answers

Call their human resources department. They should have the answer quite plainly for you. Good luck.

2007-02-05 03:39:01 · answer #1 · answered by doggiemom 5 · 0 0

First of all, you should check your company's policies regarding termination and work schedule. Hopefully you have an employee handbook or something with the policies outlined. At most places where I've worked, what happened in your case would be considered "job abandonment"; ie. you didn't show up for work when you were scheduled to. Basically it means you've violated the terms of your employment. This would be why you were terminated.

2007-02-05 11:37:14 · answer #2 · answered by Anonymous · 0 0

You didn't mention whether or not you signed an employment contract. The general understanding of employment is that you give a 2-week courtesy notice to your employer that you're leaving; they on the other hand, can terminate at will without notice.

I'm assuming you didn't say that "such and such day will be my last" before not coming in to work, then you'd be considered to have quit; if they decide to view it as willful termination on either party's part is a matter of interpretation.

As for them filing a termination judgment (they "fired you" for not coming to work), yes that's entirely legal. As I said, employers have the right to terminate at will.

2007-02-05 11:37:55 · answer #3 · answered by Brutally Honest 7 · 0 0

Your description is reeeeally confusing.

Did you stop showing up while they were still paying you? If so, then I'd say you were in the wrong, they terminated you, and were right to do so.

Were you showing up without being paid? If so, then they were in the wrong, but the best answer would have been to pursue the fact that they weren't paying you (and hadn't fired you), not to stop showing up.

What paperwork took place? Any documents indicating you were terminated?

2007-02-05 11:37:20 · answer #4 · answered by Fantasy Genie 1 · 0 0

I am not sure about this one. When you go and apply for unemployment benefit, the state office will inquire your former employer if you were terminated. If they yes, then, you get paid. If they say anything else, they might not pay you. You can, however, appeal. Just go ahead and tell them you were terminated and see what happens. No loss. As far it is legal or not, I think it is.

2007-02-05 11:33:56 · answer #5 · answered by spot 5 · 0 0

You were not able to work the hours that they needed you. It's perfectly within their rights to dictate the hours need for a specific position. By not showing up for work you voluntarily quit your position.

2007-02-05 11:37:30 · answer #6 · answered by jtaylor1993 5 · 0 0

Yes, it was legal. You can be fired for absenteeism. And sounds like that was their excuse.

2007-02-05 11:34:42 · answer #7 · answered by penhead72 5 · 0 0

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