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Does this count as getting fired? (pg. 2)
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| Moral Hazard |
| quote: | Originally posted by citric_acid
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, you were fired. If you give notice that you intend to leave and your employer changes the end date of that notice then they have voided your notice and they have fired you. This is a well established law throughout common law jurisdictions. Certainly, if what you describe is what happened then you have been wrongfully terminated per the Montana Labor Code Part IX s 39-2-904 (see s 39-2-905) for the remedies to same). Of course, by telling you your new end date of August 7 your employer has put you on "working notice", which, if sufficiently long, could fulfill all their obligations to you in terms of notice and severance (the remedies). What constitutes sufficiently long will depend primarily on how long you have been employed with this company, I cannot be of assistance there as I have no experience with this in Montana (however, 2.5 months is a pretty long notice period). I would recommend that if you are concerned that you have not been given sufficient notice then you should consult a labor lawyer in Montana. |
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| Dykes_on_Jay |
| Why are you only here for the helpful, intelligent things man? Shenanigans, need more. |
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| Lagrangian |
| quote: | Originally posted by AnotherWay83
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... |
You would never work for me.
You reek of poor work ethic. |
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| Lagrangian |
| Being a jerk on TA is a bad habit. |
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| Halcyon+On+On |
| quote: | Originally posted by Lagrangian
You would never work for me.
You reek of poor work ethic. |
:stongue: |
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| Vivid Boy |
| bang the father |
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| Halcyon+On+On |
I don't think it's unfair at all to issue an advanced notice of your leaving. I dunno, maybe some other people have different experiences with the legalese of a 2-week notice, but it seems to me that if you are sufficiently good at what you do -and perhaps more pertinently have a decent relationship with your employer- you should give them time to rehire, and even avail yourself to orient your replacement.
Granted, maybe you are leaving said job because the environment is ty, in which case this is all quite moot and you should get the hell out within 2 weeks.
But I know that I do enough advanced things at my job that it would be a nightmare to just plunk down someone new; and that's not a 'I'm so smart and valuable and blablabla' kind of thing, it's just the nature of some peoples occupation to have a complicated environment that one cannot intuit themselves to assume. |
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| SYSTEM-J |
| quote: | Originally posted by Halcyon+On+On
But I know that I do enough advanced things at my job that it would be a nightmare to just plunk down someone new; and that's not a 'I'm so smart and valuable and blablabla' kind of thing, it's just the nature of some peoples occupation to have a complicated environment that one cannot intuit themselves to assume. |
Same here, and I'm contemplating trying to blackmail my employer into giving me a pay rise by threatening to leave in the middle of our current busy programme if my wage demands aren't met, on the basis that it would throw a major spanner in the works to hire someone new to the company and train them up, even with the requisite month's notice period.
Advisable? |
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| Halcyon+On+On |
In my estimate, it'd be remarkably foolish to hang any threat over your employer. I don't know your circumstances obviously, but in general, the power structure of most companies appends D-Type personalities (often with little other skills) in middle management; those people absolutely detest feeling as though they are being taken advantage of, such that they'd do almost anything to exert an upper-hand. It's just a foolish gamble to with them so directly, but this is coming from a fairly compliant person, too.
Chances are that you would be demonstrably better off having a coincidence of expense in the middle of a busy cycle - as in, you need more money right soon because you're simply worth it and you look forward to convincing them of such, not because they would be ed without you (however true, don't bring this up). Don't focus on your worth to them, because the numbers are quite typically more transparent to the people who shell out that expense of your relative value. Craig could offer some actual insight I believe- in fact when it comes to matters at my job, I wear a WWCD bracelet. |
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| Joss Weatherby |
| The best is when upper management is D-type. FFS. Nothing better than passive aggressive penny pinching know nothings running a business they mostly just tagged along on to the top. |
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| Dykes_on_Jay |
| What do you know about running a business? |
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