termination

[PASS]

What is the name of your state? CA

I was terminated b/c of insubordination ("disputing" - got in verbal argument with employer, possibly "ridiculing authority" - talking to other staff about our differences).
We had proposed contract that was never signed by both parties. My letter of termination states that I would get paycheck by carrier by following Monday when termination occurred at end of day of Friday. The letter also states certain dues paid by employer would be reimbursed pro-rata if employee left (dues paid by employer for certain associations as part of business purposes) which was mentioned on the unsigned contract. Not sure if contract can be upheld b/c there are inconsistencies: ie. if terminated for cause, 14 day notice has to be given which was not , and also due other bonus compensations which was not stated that would be given in letter of termination.

So do I follow through with majority of what was written on unsigned proposed contract, or assume that I was employed at will?
ie. expect to be paid as per unsigned contract and have reimbursements made for dues paid by employer, but also be paid what i should have been paid if worked another 2 weeks like i was supposed to

or

ie. assume contract is no good and be paid what i am due without reimbursements made from pay?

thanksWhat is the name of your state?

 

[BelizeBreeze]

If the contract is unsigned the contract does not exist.

 

[PASS]

another question

if the contract is not considered existent, do my employer have a right to make any deductions to my pay?

 

[pattytx]

Nope, not unless you authorize the deduction separately, in writing, and even then, it's iffy.
http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

 

[PASS]

thank you for all your replies. additionally, do they have to explain me the specifics of my "insubordination" is, as i'm just guessing b/c we had an argument over the phone and then got fired a few days later? if i receive my final paycheck later than the actual termination date, what happens? am i still eliible for unemployment? thanks in advance.

 

[pattytx]

No, they don't have to explain why they terminated you. Your final pay, including accrued unused vacation was due on your final day of work. Sounds like you didn't get it, so you can file a claim with the Division of Labor Standards Enforcement. Regarding unemployment, you should file immediately. Whether or not you will be granted benefits is going to depend on state law and the specifics of the case; we would have no way of knowing for sure.