I gave my employeer two weeks notice because I found a better job. My direct manager took the notice good and went to inform the Director of operations of my decision in leaving. He wasn't so understanding.
He started cussing and swearing at me, telling me that I owe it to them and that I "just waisted their time" hiring me. I told him my initial intensions were to stay with the company longer, it just something better came up and it is in my best interest for my family that I take the new opertunity. (I was respectful) He then started cussing and swearing some more and then bluttered out.
Well, you can just leave now then. When I asked if I would still get my two weeks pay, he stated a certain "No".
I feel I got fired because I put in my 2 weeks notice
This often happens. Employers sometimes do not want employees to stay on after giving two weeks notice if they feel they won't be productive during that time. There is nothing illegal about letting an employee go in response to their giving two weeks notice. However, it does change your eligibility to receive unemployment. Because they let you go early, it is now considered a termination rather than a quit and you qualify to receive unemployment benefits.
Most employees are at will meaning they can be fired for any or no reason, unless the reason is based on a protected class, i.e. age, race, gender, ethnicity, religions, etc. So unless you had an employment contract, which if you did you may have been the one in breach depending on the terms, you don't really have a strong argument for the two weeks pay.
Even if you did have a strong argument for the two weeks pay it's probably not enough to be worth fighting over.
Mr. Smith is licensed to practice in CA. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Smith strongly advises the questioner to confer with an attorney in their own state to acquire more information.
If you didn't have an employment contract, did the employer tell you when he hired you there was a two weeks notice policy? a severance pay policy? Was it in an employee handbook? If it was in writing in a handbook, you may have a better chance of getting it but I agree with the prior response, it may cost more than it is worth. Generally employers give severance on an individual basis and it is usually in exchange for a signed release of all claims. Probably best to just move on. California is an "at will" employment state so unless you had a contract or the writing in the handbook, you're out of luck since the employer was really mad that you left sooner than he expected - he's not likely to make an offer for severance on an individual basis in those circumstances.
Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.
