lost my job. don't know if i was fired or "quit"

[The Chest GuyParticipant 76]

my job made me work every holiday this year. it’s a retail position. we have over 14 employees. i called in sick 5pm years eve, for the next day, and really was sick. the manager (who is a female) ignored the text and pretended like i never left her a message. store didn’t get opened til 730am when the place was supposed to be open til 6.

not surprised honestly. i have a lawsuit if i so please because they didn’t inform me i was off the schedule and i went in off the clock and did some work for them. i also have incriminating texts from the manager asking me if i could come in and finish something post termination. pretended like i was still employed. i don’t even know how i’m feeling right now. definitely a little p/o’d but i’m pretty sure i have them for wrongful termination, and them making me do work after i was fired/”quit.” i put quit in quotations because they’re trying to frame it like i quit. doesn’t work out when they say i quit, but then ask me to come in.

https://www.youtube.com/channel/UC6Ql_wJr9M82NZZaBo8Ztlw

[PistolPeteParticipant 27143]

Bad news my brother; unless you are a member of a union and covered by a union contract your employment is “at will”. Most retail jobs are “at will”. This means you can be fired at any time for any reason. I say that not knowing what country you are in or whether there are separate laws regarding termination. But that is how it works in the US.

But the easy way to find out if you have been fired—show up to work, that will force the issue. If this is the USA it is something you will need to do in order to apply for unemployment benefits. (You don’t get benefits if you quit.)

[Artboy99Participant 369]

sorry to hear it happened but it doesn’t sound like it was the type of job to worry about, go get another and move on.

[PistolPeteParticipant 27143]

For your information see below:

The Fair Labor Standards Act

Most employees are covered by the FLSA, which establishes minimum wage, overtime, and other protections for workers. Employees who are exempt from the FLSA’s requirements are typically executive, administrative, or professional employees or workers in certain industries such as commission-based sales and farmwork. Under the FLSA, non-exempt employees must be paid for all hours worked.

What Does It Mean to Work ‘Off the Clock?’

Work that is off the clock is any work done for an employer which isn’t compensated and not counted towards a worker’s weekly hours for overtime purposes. Federal law defines “employ” to include “suffer or permit to work.” This means that if an employer requires or allows employees to work, that time generally requires compensation. An employer may still be required to pay a worker whose work is “suffered”. Suffered work means the employee engages in work that isn’t requested, but allowed, such as working extra, unpaid hours in order to help colleagues.

Common Types of Off the Clock Work

Off the clock work can take a variety of forms and can even include work done offsite. Common examples of off the clock work include allowing or requiring:

Unpaid preparation, such as setting up a restaurant before a shift, loading or warming up trucks, transferring equipment or preparing a worksite
Unpaid post-shift work, including clean up, finishing tasks that “should have” been completed during the shift, or returning to another site to drop off equipment
Unpaid ‘administrative’ work, like completing paperwork, meeting with management, reviewing patient charts or undergoing training done on an employee’s own time
Unpaid rework, such as when an employee is asked to redo a project or correct errors without pay
Waiting for work when none is immediately available. Time between assignments or time in which the employee is required or allowed to wait for a task count as work which must be paid.
Recovering Back Wages for Off the Clock Work

Since off the clock work is often illegal, employees who file a complaint with the Department of Labor may be able to recover up to three years of back wages for unpaid hours or unpaid overtime. Employees may be able to recover liquidated damages equal to what they’re owed, essentially allowing them to recoup double the back pay they’re entitled to. Such damages are the norm and can only be avoided by an employer showing that he or she acted in “good faith,” having made a special investigation into the application of the FLSA to a particular type of employees. Employees may also be able to recover attorney’s fees if they have won a claim for back pay.

[Faust For ScienceParticipant 22521]

PistolPete wrote:

Bad news my brother; unless you are a member of a union and covered by a union contract your employment is “at will”. Most retail jobs are “at will”. This means you can be fired at any time for any reason. I say that not knowing what country you are in or whether there are separate laws regarding termination. But that is how it works in the US.

Actually, “at will” is clearly defined as the company having the power to directly fire someone under their employ. If the company turns around and demands work from someone after the company claims to have fire said person, or if the company refuses to be clear as to the status of person’s employment with the company, there are possible grounds for a lawsuit.

“At will” means a company can fire someone one whom the company is employing. “At will” does not give a company the right to mess around with someone as to whether they are employed or fired. The status of employment must be made clear.

Also, in the U.S., if the person was employed full time for over a year then legal questions about unemployment benefits come into play. Should a company falsely claim someone quit, when in actually the person was fired. Then, there are likely grounds for a lawsuit due to being possibly denied unemployment benefits.

[experiencedParticipant]

Keep and guard All documentation, texts, etc.
See the right attorney.

"It seems like there's times a body gets struck down so low, there ain't a power on earth that can ever bring him up again. Seems like something inside dies so he don't even want to get up again. But he does."

[PistolPeteParticipant 27143]

RE: Grounds for a lawsuit. I regret to point out that many many people may have grounds for a lawsuit but that doesn’t mean you will be in court. As Londo Mollari said once: “Just how much justice can you afford.” Hiring an attorney to represent you is a matter of $$$, and if you don’t have $$$ you can have all the grounds you want and its not going to do any good.

If he is working off the clock he does not have grounds for a lawsuit per se. He must pursue the action through the Department of Labor. Personally given the facts as outlined I don’t see a lawsuit happening here whether there is a “case” or not. When an employee fails to report for work as scheduled the employer is at liberty to regard that as a resignation, and before the Department of Labor the employer is entitled to the presumption that it is a resignation—the employee would need to introduce evidence to rebut that presumption…and I don’t see any yet.

[The Chest GuyParticipant 76]

PistolPete wrote:

But the easy way to find out if you have been fired—show up to work, that will force the issue. If this is the USA it is something you will need to do in order to apply for unemployment benefits. (You don’t get benefits if you quit.)

yeah that’s what i’m going to do. i’m going to force them to fire me so that i can collect unemployment. if they say i “quit” imma say “no i did not. i’m going to clock in now. fire me if you don’t want this to happen.” they’ll have no choice. i did not officially quit, so.

https://www.youtube.com/channel/UC6Ql_wJr9M82NZZaBo8Ztlw

[The Chest GuyParticipant 76]

and pistol pete you may be right. i guess it’s up to me to try and find an attorney who will work for me for whataver i can give. if not, then oh well, f~~~ it. if i was really a vindictive bastard i could call up OSHA real quick. violations every two steps in the place. i don’t know though. guess i’ll have to wait and see.

https://www.youtube.com/channel/UC6Ql_wJr9M82NZZaBo8Ztlw

[Faust For ScienceParticipant 22521]

PistolPete wrote:

RE: Grounds for a lawsuit. I regret to point out that many many people may have grounds for a lawsuit but that doesn’t mean you will be in court. As Londo Mollari said once: “Just how much justice can you afford.” Hiring an attorney to represent you is a matter of $$$, and if you don’t have $$$ you can have all the grounds you want and its not going to do any good.

If he is working off the clock he does not have grounds for a lawsuit per se. He must pursue the action through the Department of Labor. Personally given the facts as outlined I don’t see a lawsuit happening here whether there is a “case” or not. When an employee fails to report for work as scheduled the employer is at liberty to regard that as a resignation, and before the Department of Labor the employer is entitled to the presumption that it is a resignation—the employee would need to introduce evidence to rebut that presumption…and I don’t see any yet.

That is when you take the big company to small claims court (matter of less than $500 dollars). Those companies that ignore this court do not understand how much trouble the “little guy” can do to the big companies when using small claims court.

One guy sued a bank over a faulty mortgage issue in small claims court. The bank ignored the court case. In the end the guy got the judge in the case to foreclose on building the bank was using in the town the case was being heard in.

[The Chest GuyParticipant 76]

2017 i wish man, but retail is what i got right now. i have 2 youtube channels and am working on starting an online business. selling a product of mine that i’m trying to put together. i think it might actually be a hit if i do it right. weed is the industry to get into right now it won’t be federally criminalized for long. especially if your state legalized like mine.

https://www.youtube.com/channel/UC6Ql_wJr9M82NZZaBo8Ztlw

[Anonymous 25]

Well if there’s free money to be had and the opportunity to put some upperty man hater in her place, might as well go see a lawyer as to whether you have a claim. Constructive unfair dismissal can occur in some countries, so if an employer behaves in a way that makes an employee quit, it’s treat as though they fired them. You need a lawyer who knows the laws where you live.

Then if you do get a payout, you can leverage the money you get into your education to get a better paying job and career.

Then take the money you make from a better job and invest it in property and Warren Buffet type shares to leverage up.

I’m looking forward to the day some guy brings a claim for being fired and argues “she’s too ugly to be sexually harassed”.

Hell you could even leverage the money into becoming an employment lawyer and get so much career satisfaction sticking it to women and employers like that. And get paid well to do it.

[rebelandboltmanParticipant 640]

Retail is tough. I work in this field myself and endure a great deal. I hope things work out for you regardless of the outcome.

[The Chest GuyParticipant 76]

UPDATE: woke up to calls from a police officer. i went behind the counter last night while i was under the impression i was employed. they used that opportunity to pretend like i was already clear on what the deal was and called the police. they’re issuing me a no trespass order and i may never be compensated for the time i worked off clock. looks like it’s small claims court, because now this is just ridiculous.

https://www.youtube.com/channel/UC6Ql_wJr9M82NZZaBo8Ztlw

[PistolPeteParticipant 27143]

Look I wasn’t trying to cut your legs off; but I didn’t want you to be operating under an illusion. I was being realistic. Here is my (free) advice given the new info:

1) file for unemployment
2) file a complaint with the Dept. of Labor for working off the clock
3) Go ahead try the small claim thing–but don’t expect much. Unless you are a poor put upon minority courts are going to side with the folks that…pay money into the systme, ie your eployer. An attorney is not going to take a case on contingency (assuming you can’t pay up front) unless he believes your case will result in a big pay off. And I don’t think it will
4) NOW there is the possibility of a genuine lawsuit down the road. But not for the issues that have been raised at this point. Here is how it works. When you apply for another job they will want to check you references/past employers. IF your previous employer says things about you to a prospective employer that meet the standard of slander, or they are dumb enough to put it in writing (liable) THEN you have a suit. (But how do I prove it?) Easy you get a friend to call the former employer to ask for a reference and that person records it. OR go to office max and create a phony business letter head requesting a reference, send it to them. Now a negative reference isn’t enough. If they say “no we would not hire that person again” will not be slander—if on the other hand they say “well he lies, steals, sleeps on the job, disrespectful, stupid, can’t follow instructions etc.” Then you may have a case. And depending upon the “depth” of the pockets of the previous employer you may indeed get an attorney to take it on contingency—why—because after filing the claim they will be almost required to settle—ie $$$$.

[The Chest GuyParticipant 76]

thank you very much pete i do appreciate everything you’re saying. in all honesty i woke up this morning ready to take your advice, but when i got a call from a cop that changed everything. i even went to the station to attempt to find out what they reported and the cop refused to tell me anything. he then told me that they decide what the law is around here. f~~~ing liberal states. i’m so anti BLM it’s crazy, but i’m definitely not pro cop. sorry to any MGTOW cops, but ya’ll got attitude problems. a badge and a gun and an ego that can never be questioned

https://www.youtube.com/channel/UC6Ql_wJr9M82NZZaBo8Ztlw

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