Thursday, June 11, 2009

Quit or Fired?

I live in CA. I worked for a small business owner for two plus years. Just recently I gave him two weeks notice in writing. He asked me to stay and stay and stay longer and I said “okay”. That meant that I would be working for him for at least three or four more weeks, maybe more. The next work day, he told me that I did not need to come back and after the close of business I did not come back to work. I have not received my last paycheck, for that single day and do not expect that I will be paid for more than the hours worked in that one day. I have been told by others that I have been let go, fired, terminated you know all of words better than me.

If indeed I do not get paid for any more hours than the ones worked, can I legally receive CA unemployment?

He definitely owes you for for hours worked and he should have paid you already, as California law requires that.

Can you legally receive unemployment? I have no idea, but the folks at the unemployment office do. Go ask them.

But, I think that since you resigned you should just drop it and move on with life. Why did you resign only to continue working anyway? Did you not have another job lined up? Were you planning to enter a life of leisure where you eat chocolate, listen to Volkmusic and only blog occasionally? (Ahh, my life is so difficult.)

Reprogram your brain to pretend that your boss just accepted your two week's notice and that you didn't do extra work and that you left on good terms. As a small business owner he probably did a small freak out when you presented your resignation letter. When you only have a few employees you don't have a large group of cross trained individuals to help you out when someone leaves. A missing employee means you have more work poured on your head.

Your boss probably initially thought he couldn't handle it without you, but then upon reflection realized he could. And so, he let you go. He didn't do it in a professional manner (no notice and no final paycheck), but he did. (Now, if I read this wrong and you didn't work extra, he terminated you before the two week notice was up, then what you should do is the same, but my analysis of your boss changes. That's extra jerky behavior and what happens when people take business relationships personally, but that's another story.)

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