fired but received no papers

[dq3153]

What is the name of your state? GA

i was sent home with pay tuesday afternoon, was told i would be contacted before wednesday morning to see if i still had a job. no contact has been made, i have been locked out from my office, and haven't received any termination papers even though the boss is telling everyone i was fired. what are my legal rights to get my termination papers? (i want to apply for unemployment asap, been with company 2 years).

 

[Beth3]

"what are my legal rights to get my termination papers?" What termination papers?

Unless GA has some highly unusal requirement, the employer doesn't need to send you anything in order for you to apply for UC benefits, which you should do right away.

 

[dq3153]

I am just worried they will say I quit since I haven't been to work going on the 3rd day (company policy after 3 days they say you quit), but I can't work since I have been locked out. I would have never quit because I want my unused vacation time paid. (sorry, guess that doen't go with unemployment). Can I make them send me something stating I was fired?

 

[Beth3]

"Can I make them send me something stating I was fired?" No. But since your employer hasn't called you, I suggest you call them and ask what your status is. If they say you've been terminated or they refuse to give you an answer, then contact your local UC office and apply for benefits.

 

[cbg]

"Can I make them send me something stating I was fired?"

Nothing in either Federal or Georgia law requires them to give you anything in writing saying that you were fired; for that matter, nothing in either Federal or Georgia law requires them to give you anything in writing at all at the time of termination. IF you are eligible for COBRA, then they have either 14 or 44 days (depending on who administers it) from the last day of coverage (which may or may not be the last day of employment) to send you that paperwork. IF you are enrolled in a 401k plan, then they must notify you of options for that money, based on provisions of the plan. It could (it most likely isn't but it COULD) be up to a year before the plan provisions require such notification. Unless GA requires that they send you notification of how to apply for unemployment (and from what I know of GA laws I will be VERY surprised if that is the case) that's about all the mandatory paperwork there is.

BTW, there is also nothing in either Federal or Georgia law requiring them to pay out your unused vacation time.

 

[dfv]

FYI...

I went through a somewhat similar issue w/ my ex-employer (in GA as well) - there was a lot of disagreement over whether I quit or was fired.

At first, my UC was denied - I had to appeal. When the judge heard the entire story, I won the appeal - plus all back pay.

FILE FOR UC! AND KEEP CERTIFYING EVERY WEEK! That's the key...good luck, and know that it's a mess to go through, but in my opinion the judges (or mine anyway!) are very fair and not just ready to side with the big guys. Just be honest - it will show.

 

[dq3153]

Thanks for the info!! I still haven't heard anything, but I will fill for UC on Monday!! I think my manager is just a coward and doesn't want to confort me!! I even called the head HR person and they stated they refused to release any info on my case, it was up tp my manager to tell me!! Thanks again, the info have helped me deal this situation!(this is the 1st time being fired).!!