I’m I just gave my employer notice and was immediately laid off, would this be considered to be retaliation?

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I’m I just gave my employer notice and was immediately laid off, would this be considered to be retaliation?

I told my employer five weeks ago that my last day would be in 5 days because I’m going to college. Since then I have been laid off and Manpower claims my current work site has me on a layoff. Other workers through Manpower are still working. I was wondering if this would be considered retaliation? If so, what can I do about it?

Asked on July 6, 2015 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It may be "retaliation," but if so, it is legal retaliation: unless you had a written employment contract limiting how or when your employment could be terminated, you were an employee at will, and an employee at will may terminated (not for cause; i.e. in the equivalent of a layoff) at any time, for any reason, including that he or she gave advance notice of leaving work for college. It is perfectly legal to let you go early and not respect the amount of notice you gave.


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