I was fired recently with no explainion,it was done over the phone,the employer allowed another employee to leave with my check and drop it iff to me.i was never given a w4 nor did i ever do any kind if paper work.what are my rights

Get Legal Help Today

 Secured with SHA-256 Encryption

I was fired recently with no explainion,it was done over the phone,the employer allowed another employee to leave with my check and drop it iff to me.i was never given a w4 nor did i ever do any kind if paper work.what are my rights

Can I file for unemployment? Can they
get untrouble for allowing my last
check to be sent to me by another
employee? It seems to me like they are
breaking some laws..what rights do I
have?

Asked on February 1, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They are not breaking any laws.
1) There is no requirement to give a fired employee an explanation or reason.
2) Termination may be done over the phone (or by email, text message, videochat, etc.).
3) There is no law saying employee A cannot deliver employee B's check.
4) Whether you can file for unemployment depends on why you were terminated: if you were fired "for cause" (for absenteeism, insubordiantion, violating policy, etc.), you are not eligible for unemployment. Since they did not tell you the reason, you will not know if they considered this a "for cause" termination until you file for unemployment and see if your employer opposes 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 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