What constitutes unfair employment practices?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes unfair employment practices?

I gave 2 weeks notice to a company that I was working for. After 2 days I got laid off. I was only one; several other guys kept to the last day of the notice.

Asked on September 15, 2010 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While giving a 2-week notice is a courtesy on the employee's part, unfortunately an employer need not extend the courtesy the other way.  Absent something like a union or employment contract which provides for different treatment or if this action violates company policy, your employer's actions are legal.  However, if you feel that discrimination played some sort of role, you may have a claim.  But just the fact that otherwise were treated differently than you does not suffice. For an employment discrimination claim you must show that such action was due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin). Since you didn't provide any details to this effect, it's hard to say.  Additionally, if others were allowed to stay after they gave notice, you could argue that your not being allowed to stay on violated unwritten company policy. But in order to prove this you would have to show a pattern over a period time of allowing employees to finish out their 2 weeks after giving notice.  Merely allowing a few employees to remain fo rthe full 2 weeks would not suffice.  Again, you didn't give much by way of details.

If you feel that you may have a legitimate claim here, you need to contact your state's department of labor or an employment law attorney.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption