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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57697
Experience:  Licensed attorney helping employers and employees.
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I asked to cut my hours back at work because I do not have

Resolved Question:

I asked to cut my hours back at work because I do not have enough work to keep me busy and I end up spending 2-3 hours a day searching the internet, when I would rather spend that time with my children. My employer told me no, and asked what I was going to do and I said that I would have to talk to my husband. I came back and told them that I would work indefinetly until I found something or until they found someone, at which time I would give my 2 weeks notice. They came to me on Tuesday, not even a week later and told me that they had hired someone and my last day would be on Friday, 3 days later. I have 3 days of accrued sick time and am wondering if I can use them for my last 3 days?? I would also like to know if I am entitled to any kind of "in leiu of notice" for them not allowing me my 2 weeks?? Also, they want me to turn in a resignation letter and I do not feel that is right since I didn't resign, they are telling me to leave????
Submitted: 7 years ago.
Category: Employment Law
Expert:  Infolawyer replied 7 years ago.
Does the company have a policy of paying sick time or notice period? Have you resigned or been let go?
Customer: replied 7 years ago.
In the policy book it does not state either way. I never gave them a letter or resignation nor did I ever give them a date that I would be leaving. It was just open-ended that I would do that when I found something else. So that is my question, do I have grounds to be considered let go?? They came to me and said that they had hired someone else and that my last day would be Friday, 3 days later.
Expert:  Infolawyer replied 7 years ago.
You did not actually resign, so if they want you out now, it is a layoff and you can apply for benefits. As for accrued time, you may want to use it now before you stop working since after you stop, you may not get it if company has no policy or practice of paying it out.
Customer: replied 7 years ago.

If I were to call in sick, can they withhold that and not pay it because it is in my last 2 days??

Expert:  Infolawyer replied 7 years ago.
As long as still working there, it needs to be paid.
Customer: replied 7 years ago.
Ok, just want to be sure, that even though I initiated the cutting back on hours that I would still be able to be considered "laid off". Especially since I didn't give a resignation date and they are the ones that told me that my last day would be Friday. Am I understanding correctly that I would be able to get un-employment until I find further work??
Expert:  Infolawyer replied 7 years ago.
That is correct. You didnt resign and should get benefits.
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