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gizmoobymyers

Junior Member
What is the name of your state (only U.S. law)? Minnesota.

I work for the Railraod. I turned in my 2 week notice on the 28th of Aug and it was approved and signed by 2 of my managers for a seperation date of the 9th of September. After they signed it and agreed that the 9th of Sept. would be my seperation date they then told me that I had to leave the proprety immediatly and I was not allowed to come back. I then later learned that I was terminated as of the 29th of Aug by someone higher in the Company. I understand that they can terminate me if they wish unless I am in a Union and I am. According to our union Rep the only way they can terminate an employee is with a fair and impartial hearing in which case they didn't give any hearing or warning. The question is can I get pay for the 2 weeks that they wouldn't let me work? Are my managers liable for the 2 weeks due to the signed seperation date with a verbal agreement ( I have a copy of the agreement)? Is they any advice anyone can give me on this?
 


GonzoFL

Member
Evidently you didn't like the answers you were given when you originally posted this question. Your union rep say's what they did was wrong....let the union sort it out.....unless you don't believe them either
 

LSchmid

Member
As an employer we had the exact same thing go to arbitration (although here in WI) and the arbitrator's decision was that once the notice of resignation was given, there is no expectation of continued employment. What this means is that once the EE gives the notice they are resigning the employer is then free to determine until what date the EE actually works.

Your union contract may have some wording addressing this issue but the bottom line is that you were NOT terminated, you voluntarily resigned your employment.

While the employer is not legally responsible for any wages that you would have earned had you worked, you MAY be eligible for unemployment benefits.
 

commentator

Senior Member
He can apply for unemployment. However, it's going to be fairly tough to qualify, totally based on his reason for quitting, whenever he quit, and he will not be backpaid for those two weeks in any circumstances. You must apply for benefits before you can be paid for any weeks. Minnesota is fairly liberal, you can quit due to an illness of yourself or a family member, good job related issue with the employer, to relocate, like I say, fairly liberal.

But in most cases, employers do not want someone who's short time l(leaving in a day or two) on the job. It would be too easy for them to sustain a work related injury or do harm to the company to work out a grudge.
 

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