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  1. #1
    esmal Guest

    fired after giving notice

    What is the name of your state? Missouri

    Its Ridiculous, That from what I'm reading in this forum that employer can do just about anything they want!!!!!!!
    And there are next to NO LAWS protecting the employee.

    I was under the empression that if you gave notice and was then fired that you were paid for the time span you gave notice up to two weeks. Whats the scoop in Missouri?
    Last edited by esmal; 06-18-2003 at 04:26 PM.
  2. #2
    hexeliebe Guest
    it depends. What is your specific situation?
  3. #3
    cbg
    cbg is offline Senior Member
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    Unless you have a contract that says otherwise, there are no laws in ANY state requiring an employer to pay you for time you do not work. If you give notice and your notice is accepted effective immediately, there is nothing in the law requiring an employer to pay you for the notice time. That being said, many, although not all, companies will do so voluntarily, even though they are not compelled to do so.

    If you have a bona fide employment contract, union or otherwise, that guarantees you payment through any notice period, then you have to be paid through the notice period. Otherwise, it is strictly up to the employer.
  4. #4
    esmal Guest
    Thank you for the reply. My son had a guy at work harrassing him, threatening him physically, sexually also. My son wrote this guy up for these thing three time and turned it in. Then my son's employer told my son to write an agreevence letter so my son did. His employer told him that he talk to the guy harrassing my son and that the guy said he was just kidding. Next the company moved my son to another dept. and told him to look for another job because the guy harrassing my son is a fishing buddy of the supervisors and thats that! So my son found another job and gave notice the very next day the manager fired him and told him its for two reasons: 1. My son got into the computer system and looked around, (my son have to login when he gets to work). But the manager said the supervisor left it login. My son and three others were there and anyone could have got in and looked around, the manager said it just feels it was him. 2. My son stole copies which were GIVEN TO HIM BY HIS SUPERVISOR of write-ups my son wrote. My son was told there was a complaint against him weeks earlier but when he ask to see it and his file the manager said no and that he wasn't sure what the complaint was about. My son is a security guard and is finishing up his crimial justice degree and is very concern about what is untrue in this records. Help
  5. #5
    cbg
    cbg is offline Senior Member
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    At the present time, your son has no case. I'm not saying he may not have a case in future (that will depend upon what the company does with regards to references) but right now, today, he does not.

    The fact that he had given notice before he was fired does not obligate the employer to pay him for the notice. Unless he has a contract that guarantees it, payment for notice time is NOT required by Federal law, Missouri law, or any other law. He does NOT have to be paid for any day past the last day he actually worked. I don't know how to make it any clearer.

    State law determines whether or not an employee has a legally mandated right to see their personnel file. Missouri law does NOT give employees that right. It is entirely up to the company if they want to let employees see their personnel file or not.

    IF at some time in future your son suffers some form of damages (such as not getting a job) that he can directly tie to the reference he gets from that company AND he can prove not only that what was said was untrue but that the speaker knew it was untrue, then he may have a case, but not until then. The burden of proof will be on your son to prove first, that what was said was FALSE (NOT a differing opinion) AND that the speaker KNEW it was false AND that the damages he suffered is DIRECTLY because of this.

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