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Fired for giving notice

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Designerman1

Junior Member
What is the name of your state? Illinois

Today, as a courtesy, I gave my employer a two week notice of my intent to resign my position. I was forced to sign a confidentiality agreement, issue a letter of resignation and immediately terminated without severance pay for the two weeks. I feel it would have been unethical for me to quit without notice yet, by doing the "right" thing I have lost my job and pay for two weeks. By the way, the reason I quit is because one of my bosses has anger managment problems and although his fits weren't always directed at me, he created a very negative environment that was mentally unhealthy. When I interviewed with these people I was very adamant about not wanting to work in such an envirionment. I explaned that my employer, at the time, was a maniac and intimidated me to the point of shaking like a leaf. This employer has a record of losing people because of his yelling, disrespect, and sometimes vulgar language. I am currently on medication for depression and anxietly brought on by this person. Am I entitled to my two weeks pay? It was by HIS choice that I am not finishing out my two weeks.
 


rmet4nzkx

Senior Member
Designerman1 said:
What is the name of your state? Illinois

Today, as a courtesy, I gave my employer a two week notice of my intent to resign my position. I was forced to sign a confidentiality agreement, issue a letter of resignation and immediately terminated without severance pay for the two weeks. I feel it would have been unethical for me to quit without notice yet, by doing the "right" thing I have lost my job and pay for two weeks. By the way, the reason I quit is because one of my bosses has anger managment problems and although his fits weren't always directed at me, he created a very negative environment that was mentally unhealthy. When I interviewed with these people I was very adamant about not wanting to work in such an envirionment. I explaned that my employer, at the time, was a maniac and intimidated me to the point of shaking like a leaf. This employer has a record of losing people because of his yelling, disrespect, and sometimes vulgar language. I am currently on medication for depression and anxietly brought on by this person. Am I entitled to my two weeks pay? It was by HIS choice that I am not finishing out my two weeks.
Have you filed a worker's comp claim if you are claiming that boss made your sick? Stress is a valid workers comp injury if your doctors will back you up.
 

rmet4nzkx

Senior Member
Designerman1 said:
I have not. I didn't know that stress, depression, and anxiety were ligitimated causes for workmans comp.
They can be if you have the medical records to back it up.
 

Designerman1

Junior Member
What about the termination? There is no doubt that it is wrong to terminate me although I was responsible enough to give notice but was it illegal? Should they have compensated me for the time that I'm losing by their choice?
 

turbowray

Member
question

rmet4nzkx said:
THey can terminate you for giving notice.
Can the poster file for unemployment? Is there a waiting period in his state? This may be a way to collect some money for the 2 weeks and also until he/she finds work elsewhere. Poster,would you have even been eligable for a severence package if they didn't fire you? I am unaware of any law saying that they would have to give you severence pay ever. Thanks for your answers.
 

cbg

I'm a Northern Girl
Whoa, let's hold on a minute here before the incorrect information being blazoned on this thread gets too out of hand.

Poster, you were not fired for giving notice. Your notice was accepted effective immediately. That's a different thing entirely, and it IS legal. Nor is it, by definition, "wrong". While you have not provided enough information to say if this is the case, there can be many situations when having an employee in place who has already indicated their intention to leave can be detrimental. For example, whose products is a sales person going to present to the best effect? The current employer's? Or the competitor to which the employee is going shortly?

The law does not require that you be paid for your notice or that you receive severance. It would be nice if they did but it is not required by law, regardless of whose idea it was that you not work the two weeks. In fact, it is quite rare that severance is offered to employees who quit, which is what you did no matter how you try to spin it as a firing.

It is possible, depending on state law and the exact circumstances, that you might qualify for unemployment during that two weeks, assuming that your new employer is not willing to bring you on earlier. It can't hurt to try. It's free and there is no penalty for being wrong.

You can try to put forth a workers comp claim as described above, but be aware that it is VERY hard to get a stress claim approved under workers comp.
 

weenor

Senior Member
rmet4nzkx said:
They can be if you have the medical records to back it up.

Darn you rmet for making me look this up!! I prefer staying lazy.:D Anyway, my reading of Illinois law is that compensation for emotional/mental injuries is only available if OP has underlying work related physical injuries. Of course a local attorney would be able to do a much more in depth review...this is just my cursory observation.
 

rmet4nzkx

Senior Member
weenor said:
Darn you rmet for making me look this up!! I prefer staying lazy.:D Anyway, my reading of Illinois law is that compensation for emotional/mental injuries is only available if OP has underlying work related physical injuries. Of course a local attorney would be able to do a much more in depth review...this is just my cursory observation.
There is the whole mind body connection, but more than likely OP didn't state their reason for treatment for stress was work related.
 

cbg

I'm a Northern Girl
None of which changes the fact that it is extremely difficult to convince either a workers comp carrier or a state workers comp commission that stress is SOLELY due to work-related reasons.
 

rmet4nzkx

Senior Member
cbg said:
None of which changes the fact that it is extremely difficult to convince either a workers comp carrier or a state workers comp commission that stress is SOLELY due to work-related reasons.
Agreed and only if there is strong evidence to back up the claim.
 

turbowray

Member
Thanks for your answers and wisdom!!

cbg said:
Whoa, let's hold on a minute here before the incorrect information being blazoned on this thread gets too out of hand.

Poster, you were not fired for giving notice. Your notice was accepted effective immediately. That's a different thing entirely, and it IS legal. Nor is it, by definition, "wrong". While you have not provided enough information to say if this is the case, there can be many situations when having an employee in place who has already indicated their intention to leave can be detrimental. For example, whose products is a sales person going to present to the best effect? The current employer's? Or the competitor to which the employee is going shortly?

The law does not require that you be paid for your notice or that you receive severance. It would be nice if they did but it is not required by law, regardless of whose idea it was that you not work the two weeks. In fact, it is quite rare that severance is offered to employees who quit, which is what you did no matter how you try to spin it as a firing.

It is possible, depending on state law and the exact circumstances, that you might qualify for unemployment during that two weeks, assuming that your new employer is not willing to bring you on earlier. It can't hurt to try. It's free and there is no penalty for being wrong.

You can try to put forth a workers comp claim as described above, but be aware that it is VERY hard to get a stress claim approved under workers comp.
Your the best cbg! Sorry if i started to post something incorrect.:eek:
 

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