Q: Can a company fire you after your last day?
I got into a little trouble with my job. I was given permission by a supervisor to take food to be thrown away at the end of the night. I did that for a while. I got caught by management, they sent it up to corporate. I gave my 2 weeks for unrelated reasons in the meantime. My second to last scheduled day, they pulled me into the office and told me I was being 'suspended' for three days. I signed a resignation paper and left. Nothing was said about firing me that day. Three/four days later they called me and said that my reason for leaving was in their system as termination (being fired, not voluntary). A new paper arrived in the mail saying I was fired and was signed by two managers, but not me. It says my termination date is 2/20, and my last day was 2/16. My last planned day was 2/17.
Can I fight this? I applied for unemployment benefits, and so far have not gotten them. I think the company is trying to screw me over.
A:
Based on the information you provided, it seems that your employer may be attempting to retroactively terminate your employment after your last day, which could potentially affect your eligibility for unemployment benefits. Here are a few points to consider:
1. Resignation vs. Termination: If you voluntarily resigned and gave two weeks' notice, your employer should not be able to change your separation reason to a termination after your last day, especially if they accepted your resignation.
2. Suspension: The company's decision to suspend you for three days, after you had already given your two weeks' notice, seems unusual. Typically, if an employee has given notice, the employer either allows them to work through their notice period or terminates them immediately.
3. Unsigned Termination Paper: If the termination paper that arrived in the mail was not signed by you, it might not be a valid document. Typically, both the employer and employee should sign any separation documents.
4. Unemployment Benefits: If your employer is contesting your unemployment benefits by claiming that you were terminated for misconduct, you have the right to appeal the decision. You can present evidence of your resignation and argue that the termination was not justified.
To protect your rights, consider the following steps:
1. Gather documentation: Collect any evidence you have of your resignation, such as a copy of your resignation letter or email, as well as any communication about your suspension and the unsigned termination paper.
2. Contact your state's Department of Labor: Reach out to your state's Department of Labor or unemployment office to explain your situation and seek guidance on how to proceed with your unemployment benefits claim.
3. Appeal the unemployment benefits decision: If your unemployment benefits are denied, file an appeal and present your evidence to support your case.
4. Consider legal advice: If you believe your employer has acted unlawfully or if the situation escalates, consider consulting with an employment attorney to discuss your options and protect your rights.
Remember, while your employer may attempt to challenge your unemployment benefits, you have the right to appeal and present your side of the story. Gather all relevant documentation and seek guidance from your state's Department of Labor to help support your case.
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