Can I sue for failure to process my termination in quick/efficient manner?

UPDATED: Oct 1, 2022

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Can I sue for failure to process my termination in quick/efficient manner?

I recently got a new job, however my new employer due to internal non-compete policies required me to be completely terminated from my old job. Having given the old employer 2 weeks notice, I was assured that I could begin my new job 2 days after I had terminated. It has now been a week and I have to wait until Thursday to start. Can I sue for wages lost from the new employer for the days I had to wait for my termination to process. This would be a small claims case 4 days 8 hour days $12.50/hr and docket and sheriff service fees of approximately $450. Is it worth it? The llocal court does not allow for attorneys in small claims cases.

Asked on June 24, 2018 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you may not sue your employer fo this. You can only sue when someone violates a duty imposed by law (or by the plain terms of a contract with that person or entity). Your former employer had no duty to "process" your termination in a "quick/efficient manner": not having a duty, there can be no violation of that duty and so no grounds for liability. Further, even if there had been a duty, the "proximate,"or most direct, cause of your inability to start the new job within 2 days was not the old employer, but the new employer's refusal to start you until the older employer's processing was done; that was your employer's choice, and you cannot hold the old employer liable for it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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