Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was terminated because employer states wants to go in

I was terminated because...

I was terminated because employer states wants to go in different direction. My agreement states either party can terminate with 90 days notice. I decided I didn't want to stay for 90 days as a lame duck. Employer says they do not have to pay me if I opt to leave now. Will only pay me if I stay the 90 days. Can I opt to leave now and still get paid. Can I collect unemployment?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No discussion with attorney yet. Happened on Friday

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
6/10/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified
Hello, I am an attorney here to help. If the terms of the agreement have you giving up payment if you don’t give a ninety day notice, then that is legal. The employer is still required to pay you for all of the days that should work regardless.
They just have the right to not pay you for any days after you quit before the 90 day period is up. You could qualify for unemployment, those who quit their jobs have to prove to the state that they had no choice but to quit for some reason poor illegal discrimination or harassment. So, for example, if you were being sexually harassed and had to quit, you would likely get unemployment. Did you have any other questions for me today?
Ask Your Own Legal Question
Customer reply replied 2 months ago
They terminated me. Said according to agreement I have right to stay for 90 days because of the 90 day notice. But I really don't want to stay for 90 days would rather just move on. My question is do I have to work the next 90 days or can I just leave now and they must pay me. If they don't have to pay me if I elect to leave immediately can I at least file unemployment
I see what you men. If you leave before the ninety days is up, they don’t have to pay for those days you don’t work.
Ask Your Own Legal Question
Customer reply replied 2 months ago
Correct
Excellent. Did you have any other questions for me today?
Ask Your Own Legal Question
Customer reply replied 2 months ago
what is the answer? Or do I have to connect by phone?
I’m sorry. I must have missed one of your questions or you must have missed my response. What was your question?
Ask Your Own Legal Question
Customer reply replied 2 months ago
Even though they terminated me, If i leave before the ninety days is up, they don’t have to pay for those days I don’t work.
That’s correct. If you leave before he ninety days is up, they owe you for everything up until your last day. If you stay the whole ninety days, they owe you for the whole ninety. Did you have any other questions for me today?
Ask Your Own Legal Question
Customer reply replied 2 months ago
No. Bummer. Guess I will just apply for unemployment as I don't want to work somewhere I am not wanted. Thanks
I totally understand. If you don’t have any other questions, would you mind providing me with a five star rating today? I would sincerely appreciate
Ask Your Own Legal Question
You’re too kind. Thank you!
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
14,297 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I was fired last year and they took me back to work....fired
I was fired last year and they took me back to work....fired sometime in July and they took me back after labor day..I collected 1400 in unemployment and now they want me to pay them the unemployment … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I am currently employed by an adult learning program, based
I am currently employed by an adult learning program, based out of NH as a part time, night ESL Instructor Adjunct. I have been with this program for years.. It is a state/federally funded Grant Progr… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,382 satisfied customers
I was subcontracted by a general contractor to build
I was subcontracted by a general contractor to build cabinets for a kitchen job. The job was completed 3 1/2 weeks ago with a balance of $4385, I submitted the bill to the contractor and he has been a… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Can you review my daughters employment letter (2 pages) and
Can you review my daughters employment letter (2 pages) and confirm whether it is a legally enforceable document? The Offer Letter states on page 2 that “This does not constitute a contract” only a ba… read more
Bill Attorney
Bill Attorney
law
2,805 satisfied customers
I work for a Short Sale law firm and decided to inform my employer
I work for a Short Sale law firm and decided to inform my employer not to give any more files and we would slowly phase me out. We had discussed this several times as he knew my future business aspira… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I am in a facility called Swapsmart. When I signed my original
I am in a facility called Swapsmart. When I signed my original lease agreement with them they gave me an exclusive on a product called slide letter bracelets. Now they have let another person in selli… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is it legal in VT for an employer to withhold a final check
Is it legal in VT for an employer to withhold a final check from an employee because they have a balance they owe with the employer.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I was fired in Texas after less than 90 days. My employer
I was fired in Texas after less than 90 days. My employer is contesting unemployment benefit. I have not yet spoken with TWC to respond. What questions can I expect and how should I answer in order to… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I recently won a 4 wheeler in a raffle at a ducks unlimited
I recently won a 4 wheeler in a raffle at a ducks unlimited banquet. there is now a dispute between the dealership that was a sponsor and supplying the unit and ducks unlimited. i have read the contra… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I am working part time and I am not eligable for FMLA. I would
I am working part time and I am not eligable for FMLA. I would like to collect unemployment for the time off after my baby is born. If I voluntarily quit my job will I qualify to collect unemployment … read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
I work in Kansas for a collection company. I am getting ready
I work in Kansas for a collection company. I am getting ready to give notice and am starting to wonder if I should? If I give notice are they able to ask to me leave and not pay me the remaing 2 weeks… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
My father works for a parking garage where he collects money.
My father works for a parking garage where he collects money. A few days after one of his shifts, his boss tells him that he collected a conterfiet $20 bill, and that it is his responsibility to pay i… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I am employed in a PA company, PA law applies. I signed
I am employed in a PA company, PA law applies. I signed an "employment agreement" with the company 2 years ago, it reads: "This agreement shall be for an initial term of 3 years, and shall continue th… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Leased home that sold in foreclosure sale back to bank on July
Leased home that sold in foreclosure sale back to bank on July 9th. Cash for keys realtor showed up today and told us the bank wants us out on August 5th. Under lease through Feb 2010. Pretty sure tha… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
our company will be changing hands as of 7/1/2009 all of the
our company will be changing hands as of 7/1/2009 all of the accounting functions will be handled out of their corporate office. Our current employer has not said either way if we will keep our job or… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I quit my job in August after being threatened in HR by my ...
I quit my job in August after being threatened in HR by my direct supervisor, manager, and a HR person. They gave me an afternoon off to "think about" and "write a promise" of giving better performanc… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
I was fired from my little part time job after 7 yrs of ...
I was fired from my little part time job after 7 yrs of employment. I feel the employer was presseurd to fire me by another more valuable full time employee. My employer gave my a lame excuse for the … read more
Expert
Expert
I notified my employer that I was unhappy with my job and ...
I notified my employer that I was unhappy with my job and would be looking for new employment. I did not give a specific date that this would happen. In verbal conversations we discussed that finding … read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x