forced to quit over being fired...

[trevorchico]

What is the name of your state (only U.S. law)? CA

I put in my 3 weeks notice to my boss on Friday, they were not happy - im in sales...

I asked if they wanted me to transition someone else into the role and help them over the next three weeks. they said no you will be done within 2 days and then you will be off the payroll and no longer compensated.

I said - So technically you are firing me since I put in my 3 weeks notice?
My Boss says - well we can do 2 things
#1 - fire you, you will not be eligible for rehire, you will never get a good recommendation from us, and it will always show on your record that you were fired
#2 - you can change the date on your resignation letter to this upcoming Tuesday and we can leave on good terms and I will always highly recommend you.

So, under duress, and in my mind blackmail, I changed the date on the letter to a 3 day notice instead of 3 weeks. Giving up a good amount of pay...

I don't want to burn any bridges, but I feel I was treated very poorly and unprofessionally... Is there an easy way for me to get the pay and also not have this blow up with HR and me burn the bridge to the best job I have ever had?

remember I have 0 proof.

I work for a fortune 500 company and am in outside sales on salary.

 

[justalayman]

what makes you say you gave up a good amount of money? If you didn't change the date, they would release you and you would not have earned the money anyway.

Remember, they said this:

they said no you will be done within 2 days and then you will be off the payroll and no longer compensated.

One way or the other you were not going to be working there so as to earn the money. They do not have to pay you for your "notice" period nor do they have to allow you to work out the notice period.

 

[trevorchico]

True I already gave up the $$, I could have waited 3 more weeks and given a 24 HR notice myself, which obviously I should have done - that is how I could have kept it...

This will definitely deter me from ever giving 2 weeks notice again. I am curious If I did bring this up to HR would they do something about it...

 

[OHRoadwarrior]

You gave 3 weeks notice, they declined. You are free to go now.

 

[cbg]

Since we don't know your HR department there's no way to answer this. I will say, however, that is is not even remotely uncommon for employers to immediately release salespeople since they can't be sure whose products will have their loyalty during the notice period - the old employer's, whom you will no longer be there to service, or the new ones who will be paying your commissions going forward.

Nothing even close to illegal happened, if that's what you're wondering.

 

[xylene]

Employer recommendations are not really a legal issue.

 

[Betty]

Some employers will accept a resignation early & pay out the notice period. However, they are under no obligation to do so. Your employer did not do anything illegal. Sorry.

 

[commentator]

You were not really "forced to quit over being fired" you were forced to quit on their terms instead of yours instead of being able to give them notice and plan your income by leaving when you wanted to.

Some companies appreciate notice, and will allow you to work out your notice. A great many others will, when you announce your plans to quit in xxx weeks, will walk you out the door that day. This is NOT considered firing, incidentally. Your employer was misinformed about that. The reason is that when they fire you, you can sometimes receive unemployment insurance benefits, because if they are the movers of the termination process, they have to demonstrate they had a good misconduct reason to fire you.

However, if you voluntarily quit for personal reasons, you don't get unemployment insurance except under very rare circumstances. And you also don't get to decide exactly how much longer you are going to work before you do quit. Once you notify them, they can, if they wish to do so, tell you to leave that day. or call security and have you escorted from the building. Any time you give notice, you should be expecting that this may happen.

 

[cbg]

I *believe* that CA is one of the states where, if an employee gives notice and is not allowed to work the notice, they can receive UI for the time in between. In any case, it can't hurt to apply - the worst they can say is no.

That's assuming that the new employer is not agreeable to having you start earlier.

 

[Betty]

Unemployment ins. - per the Ca. EDD --

When the employer separates a claimant prior to the effective date of a previously announced voluntary leaving, the separation becomes a discharge if the claimant suffers a wage loss.

In P-B-39, the claimant gave notice on October 24 that she was quitting effective November 15. The employer permitted her to work only until October 31. The Board held that the claimant was discharged and said:

. . . the claimant was not permitted to work to the effective date of her resignation and the employer did not pay the claimant her wages through that date. The claimant did suffer a wage loss by the action of the employer in accelerating the last day of work.

On the other hand, if the employer continues paying the claimant's wages through the announced leaving date, the separation remains a voluntary quit.

PS - Ca. does have a 1 wk. waiting period.