What are my rights regarding my termination?

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What are my rights regarding my termination?

My employer fired me verbally and asked me to leave. However, there is no written record of termination and no explanation of how I’ll collect my wages. The employer will not return my calls. What are my rights and what if the employer claims I quit?

Asked on October 13, 2016 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) There is no requirement for a written record of dismissal.
2) If the employer claims you quit and tells that to the unemployment office, you can, of course, tell your side of the story; the UI examiner will decide who is more likely telling the truth, and if the finding is against you, you could appeal--including to court (i.e. going before a judge) if necessary.
3) If they treat you as being terminated, they should get you the check within 24 hours; if they treat you as having quit, you should get it by the next regularly scheduled payday. They can fed ex/certified mail the check, arrange for you to come in and pick it up in person, or direct deposit it. If you don't get it, you could file a complaint with the department of labor or, if they can't/won't help, sue (such as in small claims court, acting as your own attorney or "pro se") for the money.


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