employed 8 days and fired confused on what to do....

[swalsh411]

I respected your advice up until the last post. I assumed (which makes an ass out of you and me, remember ) you were an intelligent person who was on this forum to give correct advice to those in need of it. I guess I was wrong too.

Most volunteers here dispense any advice they see fit, whether it be legal, career, financial, behavior, or hygiene related. And this a** has never been fired from a job let alone after 8 days. There comes a point when wisdom dictates one should stop looking at everything around them for the source of the problem and instead look in a mirror.

 

[ladyblack]

I was being a smart ass...lmao

 

[ladyblack]

I actually agree. But neither had I until Wednesday. As I have already stated I have never been so much as lectured by any of my 2 previous employers (with one 7 years the other almost 6 years. I lost the first job because we were not awarded the grant money needed to keep the position. I left the second because both my brothers and my mother passed away within those 6 years and I needed a break to work on myself and grief. I have PLENTY of life experience myself )
My point is u or anyone else for that matter could very easily be in my situation. Just because u have been fortunate enough to not experience what I just did doesn't mean u couldn't.
I came here for information, plain and simple. I appreciate those who took the time
To talk to me about what my legal options were. I did not come on here to be called
Names or for people to make inappropriate assumptions about me. Irregardless of what u personally believe, blame assigning and name calling were completely uncalled for.

 

[LdiJ]

I actually agree. But neither had I until Wednesday. As I have already stated I have never been so much as lectured by any of my 2 previous employers (with one 7 years the other almost 6 years. I lost the first job because we were not awarded the grant money needed to keep the position. I left the second because both my brothers and my mother passed away within those 6 years and I needed a break to work on myself and grief. I have PLENTY of life experience myself )
My point is u or anyone else for that matter could very easily be in my situation. Just because u have been fortunate enough to not experience what I just did doesn't mean u couldn't.
I came here for information, plain and simple. I appreciate those who took the time
To talk to me about what my legal options were. I did not come on here to be called
Names or for people to make inappropriate assumptions about me. Irregardless of what u personally believe, blame assigning and name calling were completely uncalled for.

Look, I really do understand how disconcerting this whole situation is for you. You have a strong work history and a seemingly strong work ethic and you are freaked out by being fired like this. I really don't see that anyone made any assumptions about you, they simply tried to give you some idea of why this sort of things happens...and the legal reality of the whole thing. I think that you got offended unnecessarily.

However, the good news is that you don't have to include this job on your resume and no future employer ever needs to know about it. You can pretend that it never existed. I agree that the situation seems unfair, but there is no legal requirement that an employer be fair.

 

[commentator]

Whether or not your lawyer friend comes up with anything, file immediately for unemployment benefits. DO NOT wait another day. They'll determine if you have covered wages, if you are able to set up a claim based on the last two years, which will be your covered quarters of employment.

Then they will determine if your employer, this last one, had a valid, job related reason to terminate you. It doesn't really sound that way, does it? Sounds more like they decided to lose you for some reason, and elected to do so. You showed up, you did your best, you did not quit the job, and usually under these circumstances, they'll approve this termination. They may go back and look at the last place you worked, determine if that was a good job related reason to quit. But either way, let them do it. It costs nothing and there is no downside to working this out, seeing if you are eligible for unemployment.

Filing for unemployment does not connect with, does not help or exclude, and is not related to other labor issues like being paid correct wages, filing an EEOC complaint, whatever. It is just the recourse that you have when you are terminated by an employer. In order to keep you from receiving unemployment benefits, which were paid in by the employer's taxes, not your own, your employer would have to show that you were terminated for a genuine work related misconduct reason. They probably do not have this, from what happened in your eight days with them.

In the unemployment system, you do NOT have to argue a case or convince anyone, they will already know exactly what to do and what to ask you, and you do not wait to determine if you "might" qualify for unemployment before you file. Even if you are approved, the employer you have had last will have a very small part of your wages that will be included in the claim. That's why they love to terminate employees very quickly if they aren't going to keep them. And they probably can't keep you from being approved for unemployment, this is your ONLY recourse when terminated most of the time, especially for a quick termination like this. So file for unemployment, and move on.

 

[TxLonghorn]

I think you have a pretty compelling case for unemployment but no real legal one unfortunately. Now a days, with most states being free will employment ones, there isn't much protection for employees.

Good luck!

 

[Proserpina]

I think you have a pretty compelling case for unemployment but no real legal one unfortunately. Now a days, with most states being free will employment ones, there isn't much protection for employees.

Good luck!

All but one are "at will".

And it actually protects the employee as well as the employer.

 

[cbg]

And the 50th state would recognize the at-will doctrine in this situation as well.