What are my rights regarding my termination?

UPDATED: Sep 30, 2022

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What are my rights regarding my termination?

My employer fired me verbally and asked me to leave. However, there is no written record of termination and no explanation of how I’ll collect my wages. The employer will not return my calls. What are my rights and what if the employer claims I quit?

Asked on October 13, 2016 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) There is no requirement for a written record of dismissal.
2) If the employer claims you quit and tells that to the unemployment office, you can, of course, tell your side of the story; the UI examiner will decide who is more likely telling the truth, and if the finding is against you, you could appeal--including to court (i.e. going before a judge) if necessary.
3) If they treat you as being terminated, they should get you the check within 24 hours; if they treat you as having quit, you should get it by the next regularly scheduled payday. They can fed ex/certified mail the check, arrange for you to come in and pick it up in person, or direct deposit it. If you don't get it, you could file a complaint with the department of labor or, if they can't/won't help, sue (such as in small claims court, acting as your own attorney or "pro se") for the money.

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.

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