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Fired, then asked to come in to work

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jgamble

Junior Member
What is the name of your state? New York State

I have a friend that was fired on a Friday by her employer because they feel she will take too much time off within the next month (my friend is moving out of state). She had told them she would be moving, but did not officially give her notice. So the employer ended up firing her on Friday, then after firing her, they demanded that she come back to work on Monday to go through her work files and clean up her desk. Is she legally obligated to do show up to work? They also said they would hold her paycheck if she did not show up (which they legally cannot do). Please replay asap. Thanks.
 


BelizeBreeze

Senior Member
The can hold her final paycheck until the next scheduled (normal) payday accouding to N.Y. Labor Laws §191. They may NOT hold it for any reason after that date. Also, if requestion (and I suggest IN WRITING), the employer MUST mail the final check to the employee.

So, your "FRIEND" doesn't need to make her decision based on that fact. Me personally, I'd tell the employer to kiss my ass...

Also, whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held [in Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980)] that an agreement to furnish benefits or wage supplements, such as vacation, can specify that employees forfeit accrued benefits under certain conditions. To be valid, the employer must have notified employees, in writing, of the conditions that nullify the benefit.

If an employee has earned vacation time -- and there is no written forfeit policy, the employer must pay the employee for the accrued vacation.

And by the way, tell your friend to visit http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm
 

jgamble

Junior Member
Fired, then asked to come back to work

So she legally has no right to show up to work on Monday upon their request. Will it affect her unemployment if she does not show up. I completely agree, that she should not go back into work at all. Thank you for your quick response.
 

BelizeBreeze

Senior Member
Of course she has the right to show up...but why in the hell would she?

And unemployment is a question that can't be answered since we don't know what the employer will do or say.
 

boonehead

Member
And what if she doesn't show up? Would they fire her again? Personally I would show up in my underwear, smoking a cigar with a helper to clean up my desk, and remind them as they told me what I can't do that I was no longer an employee and they can't tell me what to do.Unless of course they wanted me to punch in, then I would state I quit and leave. Wouldn't help you on your unemployment claim at all, but it would be fun and worth the laugh
 

Karenmck

Junior Member
Boonehead, I love that idea, but they may get a police/security escort before being able to collect their personal things, because they are not an employee. BUT I LOVE IT! :D
 

BelizeBreeze

Senior Member
Karenmck said:
Boonehead, I love that idea, but they may get a police/security escort before being able to collect their personal things, because they are not an employee. BUT I LOVE IT! :D
Including a criminal charge of indecent exposure. :rolleyes:
 

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