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Old 05-04-2009, 11:36 AM
 
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Husband talked about 2 week notice but actually never gave one. Company released him the next day saying he gave them notice but nothing was written. What legal rights does he have, if any?
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Old 05-04-2009, 11:38 AM
 
Location: Up above the world so high!
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Originally Posted by surgar81 View Post
Husband talked about 2 week notice but actually never gave one. Company released him the next day saying he gave them notice but nothing was written. What legal rights does he have, if any?
Rights for what? The two weeks he didn't get to work because he was foolish enough to say he might be giving his two week notice?
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Old 05-04-2009, 11:40 AM
 
1,877 posts, read 4,849,857 times
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Originally Posted by surgar81 View Post
Husband talked about 2 week notice but actually never gave one. Company released him the next day saying he gave them notice but nothing was written. What legal rights does he have, if any?
Right-to-work state- I would guess probably none. A fine example of "If you have the nads to say it, you better have the nads to do it". Best wishes in finding work quickly!
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Old 05-04-2009, 11:42 AM
 
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Are you asking if he was fired versus quit. Sounds like they would need to have his written resignation to prove he quit. If he is looking for unemployment insurance he may have a fighting chance. As far as getting his job back almost impossible, I'd say. Good luck!
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Old 05-04-2009, 11:43 AM
 
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Unfortunately, North Carolina is a right-to-work state, so there's not much he can do since nothing was written. Even if something was written, they could have let him go, unless he had a contract when he started the job.
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Old 05-04-2009, 12:39 PM
 
Location: State of Being
35,879 posts, read 77,264,411 times
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Originally Posted by surgar81 View Post
Husband talked about 2 week notice but actually never gave one. Company released him the next day saying he gave them notice but nothing was written. What legal rights does he have, if any?
Did he get fired? Cause if he got fired, rather than laid off, he can protest his termination if his employer did not fire him "with just cause." At least, that is what I have been told. If his employer had written him up, for ex., and said something like - "you have been consistently late. If you are late one more time, you will be terminated in accordance w/ company policy" and then he was late again, he was fired w/ "just cause."

If he got laid off, and especially if the company has had to lay off other people, he should go to ESC and see if he can sign up for benefits.
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Old 05-04-2009, 12:53 PM
 
2,603 posts, read 5,003,295 times
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you will probably get better advice here. You also might want to consult with an employment lawyer. I'm pretty sure NC has a clause that states you can be fired at any time -- with or without cause. But it's worth talking to a lawyer.

Labor Law Talk - Employment, Business, Family, Tax, Real Estate, Criminal Laws
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Old 05-04-2009, 01:10 PM
 
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I just dont get it. If he went to his boss, and said "I'm thinking about putting in my 2 week notice", why should he be surprised (or compensated) when he is let go? To all who have suggested a lawyer, etc, I ask: Have you ever been the employer? Would you want to employ someone who threatened to quit? Especially if his position were of a more critical nature, I wouldnt want an employee working for me who could just decide to walk off at the drop of a hat. As I stated earlier- submitting a notice is not something to joke about. If you're gonna do it, do it. If not,the smart money would be on not even threatening it. IMHO...
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Old 05-04-2009, 03:40 PM
 
2,603 posts, read 5,003,295 times
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I think we don't have all the information we need. Did he have another offer he was trying to leverage? If so, that's perfectly acceptable, just take the other job. Or, did he just threaten to quit? I agree it wasn't a good idea to threaten to leave, if that's what happened because in a right-to-work state, anyone you employ can leave at any time they want to, just like you can fire them at anytime. But it's worth it to check out a lawyer to see what you can do. You might not have any legal claim... but it's worth a shot.
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Old 05-04-2009, 05:38 PM
 
Location: Weddington, NC
284 posts, read 604,250 times
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Employment in NC, as in most states, is "at will" and at the convenience of the employer and employee. In all likelihood, unless he worked for a mom-and-pop, he signed off on that when he was hired. I'm assuming that since he mentioned two weeks' notice he had another job lined up - if not, I sincerely wish him the best in getting a job. It is a tough environment out there.
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