General Question

viainfested's avatar

In NYS shouldn't they at least give you some sort of heads up when firing an employee?

Asked by viainfested (435points) March 8th, 2010

I basically found out yesterday from a few people I work with that I was getting fired… but apparently they changed the schedule and I haven’t been on it since Thursday. When I texted my manager asking what was going on, he acted completely oblivious to everything and told me to come in for my regular shift(which hasn’t existed since Thurs.) on Monday, being today. I then talked to the person who’s shift I usually take over, if they’d be closing today(Monday) they said yes.

So I guess I’ve been fired since Thursday but my manager just hasn’t gotten around to telling me yet?

Shouldn’t I have at least gotten a phone call or something when they decided to do this? Stating that they’re firing me and I should come in asap or something?

I don’t know much about the legal system or labor laws for NYS, which is why I figured I’d ask on here, to see if anyone knew anything.

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22 Answers

MrItty's avatar

Morally, of course they should.

Legally, absolutely not. NYS is an at-will state. The employer is under no obligation to give you any hours, ever, and can terminate entirely at his or her discretion.

viainfested's avatar

I’m saying shouldn’t they tell me they’ve terminated me right after they’ve done so? Instead of waiting?

lucillelucillelucille's avatar

The manager should tell you,not the people you work with.Why didn’;t you talk to him?

phillis's avatar

Most people will always take the easy way out, especially if it is a situation that makes them uncomfortable. Unfortunately, the fact that telling the person is the right thing to do, or that a person deserves better, does not take precendent over how THEY feel.

It would be nice if you had recieved a verbal warning, or at least a written one, but those are not required by law, especially in an at-will state. I’m sorry you weren’t treated fairly, but when you deal with humans, this the fallout that comes with it. Many people are notoriously self-centered.

Shrug it off and move on. One day, this will be nothing more than a distant memory.

viainfested's avatar

@lucillelucillelucille When I confronted my manager over the phone about being fired, he acted like he didn’t know what I was talking about.

viainfested's avatar

@phillis Well I already have another job basically, so the one I’ve just been fired from will be a distant memory after today. :P

CMaz's avatar

No and depends.

You do not want to give an employees notice. Then they go around destroying and stealing. Bitching and complaining.

Once you notify an employee of their termination, they are now considered disgruntled.
Best to remove them from the premises.

Nothing person, just business.

viainfested's avatar

@ChazMaz Well I’ve already found out since he took me off the schedule, that’s already kind of a big heads up. I could have gone into work Thursday seen it, and freaked out and went stealing stuff. I think it would have made a lot more sense to call me the day they took me off the schedule and told me they needed me to come in.

phillis's avatar

Excellent! I am very pleased for you :)

Captain_Fantasy's avatar

Jobs tell people they’re losing their job at the last moment. They do this because some people get bitter and will attempt to sabotage the workplace by talking shit, harassing people, pissing in the coffee or sometimes they just come back with guns.

CyanoticWasp's avatar

I’ve never known anyone to call someone at home to tell them, “We’re firing you, come in so we can go through the paperwork.”

Normal practice is to get to the person as soon as possible in the day (of a normal workday) and bring him / her to HR to meet with HR and immediate management to be informed of what is happening, why, and the next things that need to be done (such as turning over keys, computers, security badges and other company property) in order to receive your final paycheck/s.

If you found out by “other means”, well, that happens. But still, they want to give you an official notice face to face and follow some sort of procedure. We’re all so litigation-happy these days that if exact procedures aren’t followed, then there’s all sorts of hell to pay later. Your boss may be required to act like he knows nothing… at least until you’re at your work site and the process can be kicked off normally—or what passes for that.

gailcalled's avatar

Go see “Up in the Air” for the cinematic take on this.

malevolentbutticklish's avatar

Tell them that you are taking a paid sick day today by phone. Then either they will be forced to address the issue or you will receive one paid day off.

davidbetterman's avatar

It is completely cowardly of management to treat an employee in this manner. The restaurant business is notorious for this method of releasing employees from their job.
They are gutless, spineless cowards and didn’t deserve you in the first place.

malevolentbutticklish's avatar

@davidbetterman: Restaurant businesses and their employees do deserve each other. If the employee doesn’t ask about the layoff procedures then of course they should assume the worse. If they do ask and hire on anyway then of course they accepted those procedures. It is a two-way street. Employees ARE responsible for what employers they choose. Employees who are not in the position to be choosy are responsible for their current life status as well.

davidbetterman's avatar

@malevolentbutticklish Unfortunately, most employers don’t inform you when starting a job that they are cowards and will just write you off the schedule without ever telling you that you are no longer employed.

CMaz's avatar

“They are gutless, spineless cowards and didn’t deserve you in the first place.”

And, THAT is why it is best to sit them down, then cut them loose. ;-)

malevolentbutticklish's avatar

@davidbetterman: Most potential employees don’t inform their employers of bad things either unless asked. That is why employers ask lots of questions. If you want to know something you need to ask too. Furthermore many employers of such jobs are chains and their practices are well known.

thriftymaid's avatar

Not unless there is such a stipulation in your employment contract or a published policy of the company. My experience with firing someone is to notify, accompany the employee to gather their personal belongings, and escort out the door. Any other procedure allows a disgruntled fired employee an opportunity for sabotage.

davidbetterman's avatar

“Furthermore many employers of such jobs are chains and their practices are well known.”

@malevolentbutticklish That makes no sense.

viainfested's avatar

well this issue has been resolved. lol

didn’t end up being let go on bad terms or anything.

malevolentbutticklish's avatar

@davidbetterma: ”Chain stores are retail outlets that share a brand and central management, and usually have standardized business methods and practices.”—Wikipedia

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