Fired with no dismissal papers after putting in 2 weeks due to stress.

UPDATED: Oct 1, 2022

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Fired with no dismissal papers after putting in 2 weeks due to stress.

I took a job four months ago and it ended up being so stressful bad manager, poor training, high stress that I ended up with migraines, stomach issues, and thinning hair. After I went to my doctor and realized it was stress, I put in my two weeks notice because so couldn’t handle it anymore. Per their company handbook, it states that they expect you to give 2 weeks notice and for you to fully work those 2 weeks in order to get paid your PTO. They told me not to come back the following business day to finish my 2 weeks, without pay. I followed their guidelines and expected to be able to work those 2 weeks and they didnt let me. When I asked for termination papers, they said you resigned. I currently dont have work lined up but couldn’t handle the stress since it was making me sick. I filed for unemployment but Im not sure if I will get it since they based my monetary determination on my job before that. I feel like they are skirting having to pay employees for the last 2 weeks by baiting them into giving notice and stating they will be allowed to work them when they will not. They have done this to multiple people who have quit/been fired.

Asked on July 22, 2018 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, unless you had an actual written employment contract, you really don't have any rights in a situation like this, since without a contract, you were an "employee at will." Employees at will have no rights to their job, and may be terminated at will. Furthermore, employers of employees at will do not have to let you work after you give notice--they can treat your notice as effective immediately (i.e. since you told them you don't want or intend to work there any more, they can consider that you resigned on the spot). And they are allowed to make the job/workplace as stressful or badly run as they like--you had to right to a reasonable workplace or job.

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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