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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15251
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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If I put in a 5 week notice with an employer and they fire

Customer Question

If I put in a 5 week notice with an employer and they fire me 2 1/2 weeks prior to my last day, and I have a contract with an employer which states the employer "would like a three week notice of termination of this agreement by either side" and the employer gives me less than 24 hour notice, do I have legal right to collect that 2 1/2 week of pay. And if so, how would I go about doing that?
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a common situation,

Customer:

Hi

wallstreetfighter :

unless the contract stated you would be paid, the law would not provide you that right, however since he terminated you before the 5 weeks notice, you would be entitled to unemployment compensation, as you would be considered a terminated employee,

wallstreetfighter :

your resignation would not hurt you as he terminated you before the time, so you should apply for benefits ASAP,

Customer:

Well the contract doesn't specifically say so, I have applied for benefits. Which it sounds like will be awarded to me, even though they tried to say I resigned early

Customer:

I had an interview today with unemployment and I think it went well

Customer:

I have another question about my employer.

Customer:

Is it possible to ask now?

wallstreetfighter :

yes

Customer:

Ok, I am a physician assistant moving from Chicago to NV to be with my family. That is why I originally put in the 5 week notice. My employer (the only Dr. I have ever worked with in my 21 month career) signed a very nice letter of recommendation to the licensing board in NV (singing my praises) which recommended me for my license. It is required in NV that a Dr. write a reference.

Customer:

Well then the Dr. fired me. Short story: I don't think Dr. and her husband wanted to pay me, they made up a lie as reason for firing me. They told unemployment I resigned early so they wouldn't have to pay unemployment.

Customer:

The waited to fire me until the Dr. had her vacation, at which point they no longer needed me because it is slow season

Customer:

My question....

wallstreetfighter :

The NV application is linked above, so you can see the application.

Customer:

Someone at the office told me today (the day of my unemployment interview) they sent another letter to NV Board and I don't know what it says, but I am assuming it says they fired me and they

Customer:

(yes I already applied, the application is in process, I think they are sabatoging my application

wallstreetfighter :

That is fine, if the made false statements about you, I would send a letter threatening a defamation lawsuit,

wallstreetfighter :

I do not see how they can do that,

wallstreetfighter :

they can only claim you quit, which is not something that hurts your license, especially if you win the unemployment hearing,

Customer:

I don't either but they are really vindictive people, and the husband is not the brightest

Customer:

Ok so I can totally sue them for defamation of character if that is what the letter actually says, correct?

wallstreetfighter :

yes, if any false information was given, that would be libel ,and you can sue them for defamation,

Customer:

Ok I guess I will have to wait and see if the NV board contacts me about it

Customer:

If I live in Las Vegas, will it be relatively easy for me to enter into a law suit with them in IL?

Customer:

I know that isn't the easiest question to answer, but it

Customer:

is possible to file a law suit in IL while living in NV

wallstreetfighter :

you would hire an ILL attorney to sue him there

Customer:

ok thanks a lot for your help

Customer:

I am leaving the chat now

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15251
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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