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Pink Slip Questions

A pink slip is the notice from an employer to an employee that the employee's job has been terminated, or in some cases, it is a notice that the employee is being laid off. Regardless of the situation, no one wants to receive a pink slip. If you find yourself on the receiving end of a pink slip and have questions, you can ask the Employment Law Experts. The Experts cover a wide variety of pink slip questions and can answer any question that you may have. Take a look at the five top pink slip questions answered by the Experts.

If a At Will employee signs a pink slip and is later fired, could this be considered discrimination?

At will employees have very little recourse in the event that their employer chooses to terminate. The employer doesn't need a reason to fire you; in fact, they are not required to give a reason for their choices as long as the choices made are not based on your age, race, gender, religion, or disability. When an employer has an employee sign a pink slip, it is merely stating that the employee was made aware of an issue, and is not an admission of the employee's guilt. Generally, the slip will state these facts. Also; an employer is not required to provide a pink slip unless company policies require such steps.

If an employee is terminated without a pink slip, are they eligible for unemployment benefits?

In most situations, the employee is at will, which means the employer isn't required to give a slip or even provide a reason for the termination. Without an employee work contract, the employee will have little recourse, as long as the employer didn't base the termination on the employee's gender or race. As far as unemployment benefits go, this will depend on the reason that the employee was fired.

If the employer terminated the employee based on misconduct, the employer will have to show cause of any misconduct by the employee and how that conduct was against the company policy. Your best option will be to apply for unemployment benefits which will give you an opportunity to argue any statements by the employer that may arise during the application process.

If an employee is terminated without a pink slip, but is asked to sign a letter of agreement and general release, what does this mean?

Before you sign any agreement, you should carefully read the letter and understand the specifics of the offer, what you are being offered, the reason for your termination and how that will affect your chances of receiving unemployment benefits. If you are not guaranteed severance pay through either a contract or company policy, the employer can change or withdraw any offer up to the time that you accept and sign the agreement. If the letter states that you choose to voluntarily quit, or that you were fired for cause, you could lose unemployment benefits. In order to receive unemployment pay, you must be fired or have good cause for quitting your job. Quitting you job because you know you are going to be fired is not considered a good reason. In the event that you are denied unemployment pay because your employer says that you were fired for "cause', you can appeal this claim and your employer would have to prove that you broke procedure in the company policy.

If you are an "At Will" employee, your employer can terminate you for no reason, therefore any waiver that you sign in the letter would mean little at this point. However, if your employer has violated your rights, you will forfeit your rights to file suit against the employer if you sign the agreement.

If an employee is laid off and receives a pink slip, can they file for unemployment if they wait 12 weeks due to drawing disability pay?

An employee's right to file for unemployment pay begins from the day they are laid off, not the day that they sign up for it. This means that if you were drawing disability pay and were not ready to file for unemployment, you can file at any time but will be paid from the day that you filed and not the time in which you were laid off. If you wait 12 weeks to file for unemployment, you will not be able to get pay for those 12 weeks.

Do employees need a pink slip to apply for partial unemployment after the employer reduced their working hours?

A pink slip isn't required in order for an employee to apply for partial unemployment benefits. You will need to show a pay stub that provides full time hours and your pay rate and a pay stub that shows the reduced hours and pay rate. When filing for unemployment, you will need to explain that the reduced hours were put into effect by your employer, and were not your choice.

If you receive a pink slip, your first thought is "what am I going to do?" After the initial shock wears off, the questions start to roll in. This isn't the time to be taking your friends advice, although well placed, you need legal insight that your friends may not have. You need to know what to do next, as far as employment. This is especially true if you think that you have been wrongfully terminated. The Experts can give you the answers to your tough questions in a fast and insightful manner. The Experts answer a wide variety of pink slip related questions and can answer any questions that you may have.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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3 Employment Lawyers are Online Now

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Recent Pink Slip Questions

  • I am contracted by an employer to provide social work services

    I am contracted by an employer to provide social work services to a military base. My contractor notified me that the military base has asked for a replacement for me after 2 years of working there with 3 more years on the contract. I have been asked to leave my position by the military clinic because I was out sick for a few days and my documentation was delayed due to being out sick. I have a doctors note. I have never had any disciplinary action or corrective performance action. My contract calls for 60 days notice and/or payment if immediate termination. I am 54 years old and must start again. Jill
  • I am a small business owner in CA. I have three full time

    I am a small business owner in CA. I have three full time employees, and until recently one contractor.
    This issue is regarding a full blown CA EDD audit due to the classification of a contractor. My question will be specific. Just over 1.5 years ago I hired the wife of a friend for temp work while she found an internship ( had just graduated from grad school ).
    At the time of hire, and on two other occasions, I offered to hire her as a W2 or let her know she could transition to a W2. She refused, and although she stayed with me just over a year, was actively looking for an internship. 3 months ago, I had to end the contract, and she claimed unemployment. The next thing I know, the EDD is gunning for me, and I am learning about employers that abuse contractor status.
    She worked regular hours at my office, always onsite. Even though she was there over a year, the understanding was that it was temporary, and she was looking for other work.
    Now the EDD is auditing me to see if I am misclassifying my employees to avoid taxes etc. Absolutely not the case. I even have correspondence asking her to convert to w2, which she would not do - she will sign a statement to that effect as well. Everything I have read is about bad employers using contractors to cheat the state, abuse employees etc. This is the opposite, she refused to become a W2 and will admit that.
    The question: in your opinion, does the fact the contractor refused to become a w2, despite being offered full employment several times ( refusal based on contractor waiting to land internship as psychologist ) help me satisfy the edd's concern. Or will the EDD find that irrelevant and say the fact I offered her to be a w2, and she worked at my office, meant I should made her an employee no matter what and me not doing so was misclassfying.
    She was offered employment, and refused.
    Thank you
  • I feel that I was fired because I did not participate in all

    I feel that I was fired because I did not participate in all the extracurricular things the other white men in my office did like fantasy football, poker games, dinners out etc. I was told I wasn't a team player yet was told my work was always outstanding. The reason I was given was unprofessional behavior. They could not bring up any specific incident that had happened in the last year. My reviews were always exeplary and I always received raises and bonuses. While I am white, I am not part of the "boys club" atmosphere and was passed over several times for promotions that went to less capable candidates ( I had to train them)! Is this a basis for discrimination? I am in SC.
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