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A manager starts a verbal altercation with an employee - can the company fire the employee with no pay or unemployment benefit?
Vernon, NJ
Viewed 31 times.
Posted about 1 month ago in Employment / Labor
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In NJ - A friend of mine gave three weeks notice to his employer in writing a few days ago. Today, his manager yells at him over the phone for a mistake he made, he approaches the manager to complain about the tone of voice that she used, she tells him she had no time to talk to him about it. He insists on taking a few minutes to express his feelings and she laughs in his face. He looses his temper and yelled at the manager to not to talk to him for the rest of his employment term. She sends him home for the day and gets a call later from his boss that he was fired with no pay or unemployment benefit. Is this legal?
Answers (2)
Daniel T. Silverman
This attorney is licensed in New Jersey and 1 other state.
Posted about 1 month ago.
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Unemployment benefits are not up to the employer. The Department of Labor, Unemployment Commission makes that determiantion. However, the bigger issue is that your fried gave 3 weeks notice. If you voluntarily quit you are not eligible for unemployment benefits. Your friend may benefit from consulting with an employment law attorney who also advises on unemployment applications and fact findings.
DISCLAIMER: I am NOT your attorney. An attorney-client relationship has NOT been created. The above is NOT legal advice and has been provided for informational purposes only. 
Herbert J Tan
This attorney is licensed in Dist. of Columbia.
Posted about 1 month ago.
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Your friend voluntarily resigned. At the most, he would be eligible for benefits up to that point.
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