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Retroactive date of termination, is this legal?

Posted on 4/16/23 at 9:20 am
Posted by GeneralLee
Member since Aug 2004
13103 posts
Posted on 4/16/23 at 9:20 am
I was supposed to get laid off on 3/31 but the CEO forgot to get around to doing it until this week. Is it legal for them to go back in time and say I was terminated on 3/31 (this is what they are claiming), or should my last effective day be this week when the CEO directed HR to fire me?
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167172 posts
Posted on 4/16/23 at 9:22 am to
Are they wanting to be paid back?

Were you notified prior to 3/31?
Posted by Tvilletiger
PVB
Member since Oct 2015
4800 posts
Posted on 4/16/23 at 9:22 am to
Does it matter to you one way or another? Are you wanting to get paid for the week? Did you work the extra week? Does it affect medical insurance possibly? He is putting you on the date you said. He may have thought you wanted that date?
Posted by GeneralLee
Member since Aug 2004
13103 posts
Posted on 4/16/23 at 9:23 am to
quote:

Are they wanting to be paid back?


I didn't get paid for any days in April.

quote:

Were you notified prior to 3/31?


It had been discussed, but there was no official notification.
Posted by BK Lounge
Member since Nov 2021
3411 posts
Posted on 4/16/23 at 9:24 am to
quote:

I was supposed to get laid off on 3/31 but the CEO forgot to get around to doing it until this week. Is it legal for them to go back in time and say I was terminated on 3/31 (this is what they are claiming), or should my last effective day be this week when the CEO directed HR to fire me?




Im no employment attorney- but that sounds illegal as frick, and I’ve literally never heard of anyhting remotely like ‘retroactive termination’ in my life .
Posted by Tusksup
Sheridan, AR
Member since Feb 2023
1520 posts
Posted on 4/16/23 at 9:24 am to
At your next job, show up sober and on time for your shift.
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
4045 posts
Posted on 4/16/23 at 9:25 am to
Yeah there isn’t enough info here. Did you work the next week and now they won’t pay you? If so that’s illegal. Were you on unpaid time off and they fired you when you came back?

Backdating to the last day of the month does mean that your insurance will typically terminate on that date so maybe that’s why they did that.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167172 posts
Posted on 4/16/23 at 9:26 am to
quote:

I didn't get paid for any days in April.


So you were terminated on 3/31 but they just made it official? Weird

quote:

It had been discussed, but there was no official notification.



Did you work for them in April?
Posted by GeneralLee
Member since Aug 2004
13103 posts
Posted on 4/16/23 at 9:26 am to
quote:

Does it affect medical insurance possibly?


Yeah it's causing a major screwup here as we had assumed (with communication from HR) that we should have coverage through 4/30, but now they are claiming it terminated 3/31.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71352 posts
Posted on 4/16/23 at 9:27 am to
Did you work in April? Or did they say you're tired and we will pay you until the 31st and they idiotically paid you in April and are now asking for it back.
Posted by Larry
Collierville, TN
Member since Jul 2004
5454 posts
Posted on 4/16/23 at 9:27 am to
quote:

I didn't get paid for any days in April


Did you work any days in April?
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
4045 posts
Posted on 4/16/23 at 9:28 am to
Were you the only one terminated or was it part of a mass layoff?
Posted by GeneralLee
Member since Aug 2004
13103 posts
Posted on 4/16/23 at 9:28 am to
quote:

Did you work any days in April?


Yes, but it was supposed to be under the terms of a new consulting contract (which we had a draft of but have yet to sign). Definitely a s***show of a company.
Posted by Displaced
Member since Dec 2011
32708 posts
Posted on 4/16/23 at 9:28 am to
Sounds like they fixed the glitch.
Posted by jaytothen
Member since Jan 2020
6404 posts
Posted on 4/16/23 at 9:28 am to
Posted by GeneralLee
Member since Aug 2004
13103 posts
Posted on 4/16/23 at 9:29 am to
quote:

Were you the only one terminated


I was the only one.
Posted by Displaced
Member since Dec 2011
32708 posts
Posted on 4/16/23 at 9:30 am to
So you were on a contract that had run its length, and continued to work past the expiration date without a new contract in place?
Posted by holmesbr
Baton Rouge, La.
Member since Feb 2012
2992 posts
Posted on 4/16/23 at 9:30 am to
The red stapler ain't yours baw.
Posted by member12
Bob's Country Bunker
Member since May 2008
32090 posts
Posted on 4/16/23 at 9:31 am to
They did this to screw you out of insurance. Yeah I’d be angry if I worked in April.
This post was edited on 4/16/23 at 9:32 am
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41555 posts
Posted on 4/16/23 at 9:46 am to
You gotta be paid for time worked.
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