If you are an "at-will" employee - meaning you have no employment contract and are not part of a union - they can fire you for no reason. However, if their reason was downsizing, as opposed to poor job performance, excessive absence, etc., you should be able to get unemployment without them contesting it. In most states, your accrued vacation pay must be paid with your last paycheck or, if you are terminated in between paychecks, by the next regular pay period at the company. If you did not receive the vacation pay yet and those times have both passed, file a complaint with your state labor and employment department. In many instances, you may be entitled to triple the vacation pay as a penalty to the employer that violated the law.
If you have only been at the company for six months, you probably aren't vested in the company's pension plan, so you would have no right to anything in your pension fund thus far. If your vesting gave you a certain percentage from the beginning, then you should be entitled to walk away with that amount by rolling it over into an IRA or taking it as cash with a penalty.
2007-09-27 08:00:54
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answer #1
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answered by lechisch 2
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I really don't see how this is wrongful termination. You can only be gone for a certain amount of time and you probably went over the number of days and many managers cannot tolerate this regardless of sickness or illness. You just ran into some bad luck my friend. However if you still believe you were wrongfully terminated you can talk to a lawyer and see if you have a case in which I highly doubt you will.
2016-05-20 00:28:05
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answer #2
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answered by chantell 3
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You were down-sized - it happens.
There is nothing wrongful about that.
As far as pension - not even in a great dream. You are entitled to your contributions to any retirement plan, but nothing more.
Vacation - depends on the state law and the policy of the company. Some pay it out on the end, some pay a percentage, and some give you nothing.
That's life.
2007-09-27 08:06:54
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answer #3
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answered by Susie D 6
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If you were only there for 6 months how did you manage to get 2 weeks vacation PLUS the time you took off to plan your wedding? I want a job there!
2007-09-27 08:00:27
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answer #4
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answered by ★ LesbianLucy ★ 3
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you might get unemployment onpensation. but since you only worked for 6 months (so you infer) then you won't get much.
the only way you can do anything is if you get some info regarding this downsizing and the validity.
call the personnel office and ask them about it. if they won't offer any info ask you will. if you come to a dead end, call a lawer for some info on your rights.
2007-09-27 07:57:11
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answer #5
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answered by Anonymous
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I dought that you can do any thing.
You get your vacation.
You get your pension if you have put money into it.
If your company put money inot it, you may be able to get that as well. Some companies say that you can not get that money unless you have been there for three (or five) years.
2007-09-27 08:05:45
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answer #6
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answered by Steve B 6
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Dept of Labor in your state. You can collect. Report to the office and let them know about it and the vacation pay.
2007-09-27 07:55:47
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answer #7
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answered by Anonymous
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So whats the wrongful termination ??
Companies are allowed to down size anytime they want to.
A pension after 6 months ??? I don't think so.
You don't have a case.
2007-09-27 08:02:33
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answer #8
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answered by jeeper_peeper321 7
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You can file for unemployment. Other than that, unless you can prove they fired you because of your color, sex, sexual orientation, political affiliation, or because you wouldn't sleep with the boss, you are out of luck. Sorry for the crappy timing.
2007-09-27 08:00:32
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answer #9
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answered by Brian A 7
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Sounds like you were laid off.
File with Unemployment immediately and take no responsibility for your loss.
2007-09-27 08:00:31
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answer #10
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answered by wider scope 7
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