Job termination

[Jaystadpole1]

What is the name of your state (only U.S. law)? Alabama Does an employer legally required to give an employee something in writing stating why they were terminated from a job? My daughter was fired from subway. A cashier called her and told her that another girl was going to work her shift that night. My daughter did not go in assuming this girl was working for her. The girl did not go to work and left the shift uncovered. When my daughter questioned her she said this cashier never talked to her and she did not say she was coming in. They left a voice message on my daughter's cell phone that if she did not have a doctor's excuse when she came back that she did not have a job. I encouraged her to be truthful and explain to her manager what happened. She has been there for a yr without any write ups. They fired her anyway. Can she draw unemplaoyment? Does she need proof of this?

 

[commentator]

She needs to go ahead and file for unemployment benefits anyhow. If she has monetary eligibility, she may qualify. An employer can fire you for any reason, at any time, under any circumstances.

Your daughter has learned a bitter lesson, that is, never, ever take the word of another employee who is not a supervisor regarding whether or not her shift is covered, whether she needs to come in or not.

She will explain to the claims taker what the policy was, why she thought the shift was covered, that she had not had any prior warnings or disciplinary problems regarding absenteeism, and she will have a fair chance to be approved for unemployment benefits until she can find another job.

Not showing up for one shift isn't really gross misconduct, and she was gullible, duh, believed what she was told by someone, but it wasn't really with intent to do something wrong.

By the way, in some states, the employer is supposed to give the fired or laid off employee something, a separation notice, but since she can file for benefits without such a statement anyway, it's not a big deal. She needs to GO ON AND FILE, even if they do not give her a statement.

 

[JETX]

Can she draw unemplaoyment?

Was she full time or part-time??
Also, is she a student or otherwise unable to work full time??
One of the REQUIREMENTS for qualification is:
"You must be able, seeking, and willing to immediately accept full-time work, during the hours, days and shifts normally worked in the trade or industry for which your training and/or experience qualifies you."
http://dir.alabama.gov/docs/guides/uc_brr.pdf

Also, if she is qualified for unemployment.... it would likely be minimal since her income was likely low.

 

[cbg]

Does an employer legally required to give an employee something in writing stating why they were terminated from a job?

No, there is no such requirement in any state with the following caveats.

There are a few states where, upon WRITTEN REQUEST by the employee, the employer is required to provide what is known as a "service letter" which includes, among other things, the reason for the termination. There are also a very few states where the employer is required to provide information to the employee as to how to apply for unemployment, and in one of those states, the form the employer is required to supply contains the reason for termination. However, these states are few and far between, and Alabama does not have either of these requirements. In Alabama, as with most states in the US, the employer has no legal obligation to give the employee any reason for the termination, either in writing or verbally. "Mr./Ms. Employee, your services are no longer required - don't let the door hit you on the way out" is about all that the employer has to tell them - and in some instances, even that is more than required.