So I work for family (a nightmare in itself), a few months back I told them that October would be my last month there as I am buying a coffee shop out of state and that we should start searching for and training my replacement.

I had an Alaskan fishing trip planned for August that they all knew about although did not take into consideration when they decided spur of the moment the last week of July the whole shop would shut down and take their vacations then. I reminded them that two weeks later I would be taking a week off. I was told that if I did not take my vacation at the same time as them I should expect to come back to no job... after trying to rearrange the trip i was unable to change the dates. Sure enough I was just notified that August 7th would be my last day of employment.... I think they are a little butt hurt about the whole deal.

Now I dont mind an excuse to get to leave this place early, but its 3 months of wages I was counting on that I wont be getting. There is no way a company will hire me knowing I am leaving in october so i have no chance of making wages between august and then.

If you give notice and the company decides to terminate you early were you fired or did you quit.

Yes but no

I guess i should point out montana is the only state where at-will termination is prohibited.

now im not trying to get unemployment or anything from them, but im trying to find a way to argue a case of letting me keep working until october as planned.

I guess the main reason this is unfortunate for me is I will lose my health care in august even though my family knows I have surgery to have my gallbladder removed in september (seriously dont work for family)

Collect unemployment and use the money to pay to continue your current health insurance (cobra). If you want to own your own business might as well get use to paying for your own insurance.

You weren't fired technically because you already stated your intention to quit, but you did lose your job through no fault of your own since you didn't choose to quit at that date. You can claim unemployment for that period between when your last day is and your stated quit date.

Arguing to let you stay is honestly something that comes down to you and your employer, as in you and your family, there really isn't any real legal requirement to keep you working till your quit date.

Don't be stupid, file for unemployment and use COBRA to pay for your surgery and then switch to a plan through a ACA marketplace, not sure how that works if you are moving to another state (assuming it is WA), there might be a residency requirement before you can get public healthcare. Also, seriously, your employer probably deserve to have the screws tightened on them just a tiny bit...

Take your vacation and show up for work when you get back. When they say, 'but we fired you', you say 'no you didn't' and keep working.

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are you kidding me? why on earth did you tell them so far in advance of your intention to quit?

2 weeks is all you "owe" them by way of advance notice. never tell your employer you intend to quit before then. it's just dumb. they were fine before you got there, they'll be fine after you're gone. don't worry abt them. let them figure out who will replace you and how to train them.

you may be in a pickle now, i don't know. check the laws of your state...

She said she works with her family, as in immediate family. Courtesy probably would dictate a longer period of notice, especially if it's a small company... Also probably pretty hard to cover something up like that and kind of a dick thing to just throw it on your family.

On the other hand...

quote:

Originally posted by Joss Weatherby She said she works with her family, as in immediate family. Courtesy probably would dictate a longer period of notice, especially if it's a small company... Also probably pretty hard to cover something up like that and kind of a dick thing to just throw it on your family. On the other hand...

ok, i read it again and the first time around i thought she meant "i work for A family".

but if she's working for family, she should be able to get them to put it down as a lay off or something so she qualifies for unemployment. why are they throwing her under the bus like that?

If you did not provid a formal statement that you quit, you were fired. Well terminated. Severance would depend on a few things but considering you didn't show up for work for a week, that is usually fair grounds to fire someone without severance. If they fired you prior to actually taking the week off, you never actually missed work and they would jsve to pay severance.

Unless you repeatedly broke rules which they would have to prove, you were wrongfully terminated or your position was made redundant. That would require severance or 3 months notice usually. Severen e pay usually depends on how long you've been there and is much more than IE.

The problem is thst families tend to suck at record keeping. And if they fired you for this. Well I'm sure they aren't below lying about your story. Things get messy rather quick. You need to prove they had knowledge of your trip and were ok with it at some post. They would have to prove you didn't show up for work and made attempts to correct your behaviour. And proof , well 1 person corroborating a story is proof.

A company will often not give you any notice and have you escorted out by security on Friday. It guys are usually told to come back for their stuff. But they pay the severance required. They don't want to be dicks, there is just a high probability thst someome thst was just fired might do something to get back. 2 weeks is really all you need to give.even if you are on good terms but this is a family and us, shit is just not the same.

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Last edited by Looney4Clooney on May-27-2014 at 07:09

LOL when I got fired they asked me if I wanted to tell my coworkers or they should...

LOL I was like "yea I'll tell them" and then proceeded to get everyone all pissed off, including my project manager, that I was being fired without cause in the middle of a giant project.

Seriously though Citric, even if you have to put your current plans on hold a bit (I have no idea if that is possible) do whatever it is you can to GTFO of there ASAP, that place just serves to do you harm and you've known it for years. Good luck.