cjcherri

My wife just got fired today with 2 weeks notice (actually she turned in her resignation because she has a new job offer starting 1st, April) but the boss got mad and fired her 5 hours later after reading her letter of resign and decided to let her go right away. Can my wife claim unemployment for the next 2 weeks till she reports to her new job?

Thank you

Bob

Depends on how long she's been working I think...but for two weeks, is it worth it?

cjcherri

she worked for the company for 4 years and yes, money is tight, if we could get something out (since she has already paid for it) why not. would help pay for some bills

Suffolk Bumpkin

If she isnt working - and can prove the 'employment gap' from written evidence from both employers , I would say definately. In my exp. unemplyment quueues arent as long as they are in the UK - so not too painful hopefully.

Also - kicking the previous employer in a sensitive part of thier anatomy might help wonders. Though it wont pay the bills......

NC Penguin

Check the labor laws for the state of CA. I would imagine the information is to be found on that site.



NC Penguin

bionomique

Unemployment claims sometimes take a few weeks to process. I think there is something called "waiting weeks". So once it was activated, it'd be time for her to begin working elsewhere, but I still think she'd receive the benefit for the time out of work, afterwards. I agree, one needs to consult the employment security office in your jurisdiction.

britchicknyc

If she had already resigned, how can she be fired? I don't understand.

Bob

Aye, wondering that myself....and I don't think you can claim unemployment if you resign...

candy wy.

she gave 2 weeks notice. the boss told here to leave immediatly.

Bob

she gave notice, then she resigned...depending on where you live, don't have to be given or to give notice...

bionomique

I'd think that this was a foolish action on the part of the employer. She was ineligible for unemployment benefits with a voluntary quit, especially in light of her impending new job, at the end of the notice period. But firing her tow weeks prematurely, would reverse that. After all, she was willing to work out the two weeks.

cjcherri

Here is what happened.

Wife turned in RESIGNATION LETTER Friday morning at 10 with 2 weeks notice (courtesy, nothing is mentioned in the employee handbook) with possible extention for them to find replacement teacher (business is slow anyway, there're many staff sitting around not doing anything) BTW, the boss read the letter in front of her
3pm, boss walked into wife's classroom wanting to talk with her and said that she was fired on the spot. Boss said that if she doesn't sign the paper (invoutary discontinue of employment) she will not get her final paycheck. So, wife signed the paper and get her final paycheck.

Wife's boss has also told her that it is not ALLOWED that she talks to other parents, teachers, and children why and what happend.

Bob

Well if she signed it, she's saying she resigned and ain't entitled to unemployment benefits...

cjcherri

She signed the paper that says that she was "FIRED" instead of resign. But the fact is that she had resigned with 2 weeks notic and then got fired on the spot the very same day

ScousePete

This happens quite often in the sales department of my company. When a sales employee gives two weeks notice, the management make a decision as to how much work the employee will realistically do for the last two weeks. Or rather, how much time will be spent trying to convince their clients to move with them to the new company.

If they are let go immediately, they receive payment for the two weeks they would have worked and all vacation/holiday pay accrued. Employees don't get any of this if they are fired.