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>Charlotte<

Lurker
No. I know a company by default, if they don't state they are at-will, can be an at-will employee like you and that OTHER person mentioned.
I'm not sure where the disconnect is but, again, it has nothing to do with any kind of default and it has nothing to do with what a company does, or doesn't, state. It either is, or it isn't. Frankly (and I speak only for my own, personal panties), it's pretty frustrating when someone can't seem to grasp clearly stated concepts.

So, fine. Here's what you do. This is a link to the form to fill out when you have a complaint about discrimination or termination. It's from the Massachusetts Commission Against Discrimination.

Go for it.

http://www.mass.gov/mcad/documents/Intake-Interview-Form.pdf
 


mlane58

Senior Member
I'm not sure where the disconnect is but, again, it has nothing to do with any kind of default and it has nothing to do with what a company does, or doesn't, state. It either is, or it isn't. Frankly (and I speak only for my own, personal panties), it's pretty frustrating when someone can't seem to grasp clearly stated concepts.
WOW! that woke me up from lunch---Thanks Charlotte!!!!
 

katmo7

Member
I'm not sure where the disconnect is but, again, it has nothing to do with any kind of default and it has nothing to do with what a company does, or doesn't, state. It either is, or it isn't.
So a company is only not at will if it states so. Because if you read other people's posts...they say the following:

It's not the company that determines its own at-will status. It is or it isn't, whether or not it declares itself so.
So the person above is saying they have to declare themselves whether they are or aren't at-will and then another person is saying:

A company doesn't have to publicly declare itself to be at-will to actually be at-will.
And this person is stating they don't have to declare if they are or aren't..a contradiction to the other posts.

and then there is another posts stating if a Company doesn't declare they are at will they are assumed by default the are except in Montona to a certain extent...

This is were all the disconnect is coming. People saying different things....
 

pattytx

Senior Member
OK, let's settle this. An employee is automatically an at-will employee in every state except Montana (and sometimes, even there) unless the employee has a bona fide employment CONTRACT that spells out the conditions under which he can be fired and the conditions under which he may quit.

A COMPANY is not at-will or not "at-will". The EMPLOYEE is.
 

katmo7

Member
Can anyone address whether an employee needs to inform you that you were "terminated" to in fact be terminated?********************************************************
 

eerelations

Senior Member
Well, I guess if they take away your computer and stop paying you and order you off the premises...to most of us, that'd be a pretty darn big hint!!!

But, given the level of intelligence you've demonstrated here so far, I can understand why you wouldn't get it...
 

katmo7

Member
Sorry but a HINT is different from what is legal and not. Given YOUR intelligence and your un-ability to give a straight answer to questions asked maybe you should stop responding all together. It would be very easy for a company to say you left on our own terms and that they didn't terminate you if they never provide anything in writing or told you that you were terminated! The fact that they just as for a computer back and take you off their schedule doesn't mean you've been TERMINATED!
 

mlane58

Senior Member
Sorry but a HINT is different from what is legal and not. Given YOUR intelligence and your un-ability to give a straight answer to questions asked maybe you should stop responding all together. It would be very easy for a company to say you left on our own terms and that they didn't terminate you if they never provide anything in writing or told you that you were terminated! The fact that they just as for a computer back and take you off their schedule doesn't mean you've been TERMINATED!
Are you really that dense? You got straight answers, but you didn't like what you heard and decided you just wanted to argue with HR professionals who have a hell of a lot more experience than you which is very obvious from your answers.

The fact that they just as for a computer back and take you off their schedule doesn't mean you've been TERMINATED!
Then you really are dense if you wouldn't get the clear message that sends.
 

eerelations

Senior Member
You asked - over and over - about at-will, and we (not just me but at least several others) answered - the same answer, over and over and over. Baby, if you'd just stop asking, we'd stop answering! In other words, if you don't like hearing what we're telling you - over and over and over - just stop posting here!!! PLEASE!!!
 

katmo7

Member
Are you really that dense? You got straight answers, but you didn't like what you heard and decided you just wanted to argue with HR professionals who have a hell of a lot more experience than you which is very obvious from your answers.
I've been around a lot of really DENSE HR professionals and I have to admit there are definately some dumb ones on this site that aren't answering the questions asked straight forward. I've been in HR for a few years after graduating from HARVARD and I'm in the process of getting my law degree now.

I ASKED A QUESTION IF YOU CAN'T ANSWER IT DIRECTLY DON'T BOTHER REPLYING.

A Company has to tell you that you are terminated legally speaking, don't they? I've seen many cases where they have taken people off the schedule or just reduced their hours slowly or asked for computers back but still kept them as active employees on their payroll without giving them any work all to avoid paying unemployment insurance and to have the employee quit on their own! D0 YOU GET IT NOW?
 

Yertle8

Member
If I had gone to Harvard, and then after graduating from Harvard my friend had called me and said "Hey, I got this email from my employer, and it seems like it might be a termination letter, but I'm not sure." Well, I'd probably reply to that: "Why don't you call them and ask?"

But I didn't go to Harvard.
 

Zigner

Senior Member, Non-Attorney
If I had gone to Harvard, and then after graduating from Harvard my friend had called me and said "Hey, I got this email from my employer, and it seems like it might be a termination letter, but I'm not sure." Well, I'd probably reply to that: "Why don't you call them and ask?"

But I didn't go to Harvard.
Perhaps Kat needs to seek a refund...
 

katmo7

Member
Okay so if they employer tells you that you've been terminated and if they tell unemployment they never terminated you, but let's say just took you off their payroll for the time being, one could still be eligible for unemployment insurance until they do "terminate"? There's no length of time required for you to be off someone's payroll to be able to collect?

Also, would unemployment consider the fact that you weren't told you were terminated as a voluntary termination or no termination at all making you uneligible to collect unemployment?
 

Zigner

Senior Member, Non-Attorney
Okay so if they employer tells you that you've been terminated and if they tell unemployment they never terminated you, but let's say just took you off their payroll for the time being, one could still be eligible for unemployment insurance until they do "terminate"? There's no length of time required for you to be off someone's payroll to be able to collect?

Also, would unemployment consider the fact that you weren't told you were terminated as a voluntary termination or no termination at all making you uneligible to collect unemployment?
You're on this thread asking for basic advice, and you're on another thread bragging about being a Harvard graduation seeking a law degree.

People really aren't going to be in the mood to "help" you with the attitude you've shown.
 

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