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dbsneed
Newbie
Joined: 23 Oct 2006
Posts: 2
Career Advice: +0/-0
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 Posted: Mon Oct 23, 2006 10:47 am Post subject: employee rights question |
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I gave my resigination date as of Oct.31st and when I showed up Monday Oct 23rd I was told to leave "I was told they accepted my resignation as of Friday" that's when I gave my resigination. I beleive they are terminating me early so they don't have to pay me benifets owed until the 31st. Is this legal?
David Sneed |
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Ciprian13
Expert
Joined: 25 Oct 2006
Posts: 240
Career Advice: +0/-0
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| Posted: Fri Oct 27, 2006 4:00 pm Post subject: |
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| That's not surely legal if you had a contract with them. If not they can fire you when they want to.They have did such a thing to you because you confronted their ideas maybe and they were dissapointed by your attitude and that's a normal attitude they had but I mark again is illegal if you had a contract, unless you were fired for another thing. |
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Katja144
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Joined: 22 Aug 2005
Posts: 176
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Ciprian13
Expert
Joined: 25 Oct 2006
Posts: 240
Career Advice: +0/-0
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| Posted: Wed Nov 01, 2006 6:23 pm Post subject: |
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| I wonder who these days works in civilized countries and democratic ones "at will".You must have a contratc with your employer or else you can be scammed,not paid,paid less and many other bad things.If you don't have a contract with them they treat you like crap(the majority) because they know you are stringed to them because of the paycheck. |
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Robin
Senior Member
Joined: 16 Oct 2006
Posts: 75
Career Advice: +0/-0
Location: Alice Springs, Northern Territory
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| Posted: Wed Nov 01, 2006 6:45 pm Post subject: Legality Depends on Circumstances and Country |
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What are the conditions of your employment? Are you a casual employee who can be hired or fired at will, a contract employee with a contract that states what your terms of dismissal, resignation etc are, or under some other form of employment contract? Is there an Industrial Relations Commission or Agency in your country?
You need to know what conditions you are employed under before you can come up with an answer. Most Western countries provide capacity for people who resign to be released earlier than the due date eg, two weeks, but the obligation is on the employer to pay them up to the date of notice.
Ask your previous employer what entitlements they will pay, when they will pay them and get it in writing. If you don't know what your terms of employment are, you'll have little chance of determining anything to do with this matter.
If you think you are being ripped off, get legal advice from someone familiar with the industrial relations environment in your country. |
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1HardWorkinGal
Junior Member
Joined: 24 Oct 2006
Posts: 24
Career Advice: +0/-0
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| Posted: Thu Nov 02, 2006 7:45 am Post subject: |
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| Ciprian13 wrote: | | I wonder who these days works in civilized countries and democratic ones "at will".You must have a contratc with your employer or else you can be scammed,not paid,paid less and many other bad things.If you don't have a contract with them they treat you like crap(the majority) because they know you are stringed to them because of the paycheck. |
Unfortunately, or fortunately, however you want to look at it, I live in Pennsylvania and ALL employment in this state is "at will." There is no such thing as the "right to work" here. It's unfortunate because of the problems that you have stated. However, there are times when it's fortunate because if you don't want to give them 2 weeks notice then you can quit your job by simply calling and saying "Effective immediately I quit and won't be working today or ever again for you and your company." I know some people who have done this and had no problems with it. However, at the same time, I also know some people who have worked at places where they've had bad things happen to them because of the lack of the "right to work" As such their only way of fixing the problem was to take it to court which in the long run really isn't worth it. |
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