Gave 2-weeks notice and then fired??

[froggy25]

What is the name of your state? California

I recently gave 2 weeks notice at a restaurant-bar where I wait tables part-time (technically it was 3-weeks notice). I typed a resignation letter (dated and signed--I made 3 copies: one for the owner, one for the manager, and one to keep for myself) thanking the manager and owners for my time there. I checked the schedule the following day, and I was given my normal shifts for the upcoming weekends. Today I found out they changed the schedule, and the manager called me to tell me I was no longer on the schedule because someone else needed the shifts and was crying that she couldn't pay her rent. I feel like I was fired, when in fact I did the responsible thing by giving ample notice until they found another person. I need the money for the next 2 weeks, too, and it's not my problem if someone else can't pay her rent. In his own words, the manager said, "You have done nothing but a good job for us, but I need to do this to keep someone else from quitting." This feels really wrong and shady to me, but is it illegal?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I recently gave 2 weeks notice at a restaurant-bar where I wait tables part-time (technically it was 3-weeks notice). I typed a resignation letter (dated and signed--I made 3 copies: one for the owner, one for the manager, and one to keep for myself) thanking the manager and owners for my time there. I checked the schedule the following day, and I was given my normal shifts for the upcoming weekends. Today I found out they changed the schedule, and the manager called me to tell me I was no longer on the schedule because someone else needed the shifts and was crying that she couldn't pay her rent. I feel like I was fired, when in fact I did the responsible thing by giving ample notice until they found another person. I need the money for the next 2 weeks, too, and it's not my problem if someone else can't pay her rent. In his own words, the manager said, "You have done nothing but a good job for us, but I need to do this to keep someone else from quitting." This feels really wrong and shady to me, but is it illegal?

My response:

Nothing illegal. What gives you the impression that an employer is required to wait the entire two weeks before they find someone to replace you? California is an "At Will" employment State - - meaning the employer keeps you at his pleasure. The same goes for you; i.e., You can quit on a moment's notice.

When you give a two-week notice, you're on "borrowed time" and can be fired, laid off, or constructively fired as you were, at any time during those two weeks.

In summary, you have nothing.

IAAL

 

[froggy25]

thanks--but do you have to be such a jerk in how you respond?

 

[I AM ALWAYS LIABLE]

thanks--but do you have to be such a jerk in how you respond?

My response:

What would you like me to do when giving you information that you don't like? An Irish Jig?

IAAL

 

[froggy25]

Let me rephrase: I wasn't "GIVEN the IMPRESSION that an employer is REQUIRED to wait the ENTIRE 2 weeks before they find someone to replace [me]." I didn't KNOW, PERIOD, and that's why I ASKED. This is for information, get off your high horse!!!!!!!!!!!!!!!!

 

[I AM ALWAYS LIABLE]

Let me rephrase: I wasn't "GIVEN the IMPRESSION that an employer is REQUIRED to wait the ENTIRE 2 weeks before they find someone to replace [me]." I didn't KNOW, PERIOD, and that's why I ASKED. This is for information, get off your high horse!!!!!!!!!!!!!!!!

My response:

Why are you getting so upset?

Are you a woman? You must be, because I think your PMS is kicking into high gear. Calm down, will ya? There must be a "chill pill" in your medicine cabinet you can take.

IAAL

 

[cbg]

The bottom line here is that the employer has done nothing illegal and not even anything unusual. You gave your notice; the employer accepted your notice immediately. Quite legal.

 

[I AM ALWAYS LIABLE]

the employer has done nothing illegal

My response:

Is there an echo in the room?

IAAL

 

[cbg]

Hey, I know you can handle yourself. I just figured Froggy needed to be brought back to brass tacks.

Didn't mean to offend. You know I love you.

 

[I AM ALWAYS LIABLE]

Hey, I know you can handle yourself. I just figured Froggy needed to be brought back to brass tacks.

Didn't mean to offend. You know I love you.

My response:

No offense taken. I just thought I had already mentioned it, but I wasn't sure until I looked back at my initial response.

Baby, you know I love you too!

IAAL

 

[froggy25]

No, I'm not a woman. I just think you're a jerk with a computer. But thanks for the information.

 

[I AM ALWAYS LIABLE]

No, I'm not a woman. I just think you're a jerk with a computer. But thanks for the information.

My response:

Yes, you are. You're a crying, whiney, sissy. And, on top of that, you're unemployed!

What a Dufus!

IAAL

 

[schussms]

Oregon Bureau of Labor and Industries

What is the name of your state? California

I recently gave 2 weeks notice at a restaurant-bar where I wait tables part-time (technically it was 3-weeks notice). I typed a resignation letter (dated and signed--I made 3 copies: one for the owner, one for the manager, and one to keep for myself) thanking the manager and owners for my time there. I checked the schedule the following day, and I was given my normal shifts for the upcoming weekends. Today I found out they changed the schedule, and the manager called me to tell me I was no longer on the schedule because someone else needed the shifts and was crying that she couldn't pay her rent. I feel like I was fired, when in fact I did the responsible thing by giving ample notice until they found another person. I need the money for the next 2 weeks, too, and it's not my problem if someone else can't pay her rent. In his own words, the manager said, "You have done nothing but a good job for us, but I need to do this to keep someone else from quitting." This feels really wrong and shady to me, but is it illegal?

In oregon the law is as follows:

Q. My employee gave a two-week notice. Our company does not allow an employee who has given notice to work the two week period, and we release the employee from work immediately. Do we have to pay the two-week notice period?

A. Not unless you have an established practice or policy of paying other employees for the remainder of the two-week notice period. Under Oregon’s final paycheck law, you will need to pay your employee all wages earned but unpaid by the end of the next business day. ORS 652.140(1)

 

[Zigner]

This thread is from 2004

Please don't necropost.

ACK! And invalid information to boot! Oregon is not California!

 

[Antigone*]

This thread is from 2004

Please don't necropost.

ACK! And invalid information to boot! Oregon is not California!

He Who Must Not Be Named made me giggle in this one! It was worth the resurrection.