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raevyn_b

Guest
I worked for an isp in CA. I was fired from my job on Friday but wasn't given a check until Monday and my regular working days included Sat and Sun. Also the check didn't have the vacation pay I was owed, vacation that was actually supposed to start today (Monday) nor did it show the additional 2-4 hours for Friday when I came to work and they sent me home. Am I also entitled to the pay that was owed me the Sat and Sun between the time I was fired and actually got the check? The payroll lady said that she never heard of anything saying they had to pay this. Isn't it state regulation? Also, they fired me for insubordination/planning a company walkout. I don't know where they got this, I never said anything about such a thing to anyone in person. I did mention in a PERSONAL email, that was not my office email, that I would consider quitting if things couldn't be resolved, but before I could even talk to the boss about it the internet manager with the help of general store manager fired me. Do they have the right to intercept email that is not office email and use it as a basis for firing even if the email was sent out of frustration? Also an employee that was off had called in to talk and he had the same feelings I did. He was fired as well. There is no warning or notice that phone calls can and would be monitored so the only way I see they could've gotten any info about employees wondering if they should quit would be through recorded phone conversations that we didn't know (nor the customer) were being recorded or intercepting PERSONAL email. Is this legal? They didn't have me sign any papers upon my termination either. Should I contact them and ask for proof and a detailed description of why I was fired?

thanks

[Edited by raevyn_b on 12-05-2000 at 05:29 AM]
 


crager34

Member
how many questions in one paragraph....?

You are only entitled to receive the pay, for the hours worked. If you had paid vacation time accrued, then they ow you that as well. If you used comapny resources for your personal e-mail, then the company owns that e-mail. If somehow they received it from an outside source, say your home and private ISP, then there might be an issue. The company can record the phone calls, it is within their rights and it can be used against you. You are not required to sign, nor are they required to have papers for a termination.

Beign fired for what may seem a bad reason, or no reason at all can be very frustrating, but it is life. Because of at-will and/or right to work states, good or at least neutral referrences are easier to obtain, so getting another job shouldn't be that difficult (especially in this economy).
 
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raevyn_b

Guest
The email wasn't on the company computer, I sent it from my home computer to a friend in KS who has nothing to do with the service.

You're saying they can record phone calls without the knowledge of the customer or the employee? Also I was looking up the Labor Codes tonight and found that they are required to at least pay you 2-4 hours for showing up on your regular work day, even if they send you home and you haven't clocked in. All of my other jobs have done that when I showed up for work but wasn't needed that day. But what I heard is that if they don't give you your check the day they fire you , they have to have it to you no later than 48 hours (72 hours if you quit) and are obligated to pay you for each day (if it would be your regular work day) between the time you were terminated to the time you get your check in your hand. I just want to know if there's any truth to that.
 

crager34

Member
right back atcha

That is a private e-mail, if they used it without permission, should be invasion of privacy. Yes, they can record the phone calls. If the statute states they should pay you for part of the day that Friday, then they should. They should have your check to you, I think within 5 business days. If you were let go on a Friday, received the check on a Monday...your golden. Unless otherwise required by law, they owe you for time worked only. Not for days that would normally be a part of your shift, not worked.
 

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