Getting fired

[sil3nt]

Boss doesnt like you. Sounds like you dont like the job (sorry but 5 days notice that your going to school is just stupid and tells me you don't care too much about it). I say leave the job focus on school and find a new job. Everyone will be happy then.

[Miscreant]

I signed up for school and only gave my employer about 5 days notice to have all of my shifts changed. My contract says I must give at least 2 weeks notice. So I do admit fault here.

So you couldn't reasonably control signing up for school? Was it mafia school?

[SMOKEU]

So you couldn't reasonably control signing up for school? Was it mafia school?

The enrollment days were last week only, so I didn't have enough time to give sufficent notice. I've never really done anything bad at work. I always show up on time dressed neatly in the correct uniform, I'm nice to the customers and I get on well with the staff. I'm not complaining about the whole situation, and I'm not trying to get sympathy either. I simply wanted to know if they legally have to give me my holiday pay.

[Tank]

The enrollment days were last week only, so I didn't have enough time to give sufficent notice. I've never really done anything bad at work. I always show up on time dressed neatly in the correct uniform, I'm nice to the customers and I get on well with the staff. I'm not complaining about the whole situation, and I'm not trying to get sympathy either. I simply wanted to know if they legally have to give me my holiday pay.

No - they have no legal right to hold back wages.

I do employment advocacy for some people to help out (free of charge). Im happy to help in anyway if you need. Its easier to discuss than type everything out.

If you want some help / advise just drop me a PM with a number and I will call and help you with anything I can.

upshot - if he has told you that he wants you gone - you can go him for constructive dismissal also. You actually have a lot of power in this situation. Dont sweat it. Pretty easy to make employers accountable for their actions.

[Ixion]

I signed up for school and only gave my employer about 5 days notice to have all of my shifts changed. My contract says I must give at least 2 weeks notice. So I do admit fault here.

He can't fire you for that. What he *can* do is say, you didn't give enough notice, and not change your shifts. Them if you don't turn up for the unchanged shift, he can fire you for absenteeism. But not immediately , he has to give you warning (not necessarily three warnings, that's not actually law, but the tribunal does usually regard it as "reasonable".)

But, if he *has* changed your shifts, even if he grumbled, then he can't fire you for it. He agreed voluntarily to change them and dispense with the required notice period. He can't even warn you for that.

Regardlless of all that, the answer to your question is , yes, you must receive ALL your holiday pay due and accrued. The only time that is not so, is if you leaqve voluntarily (eg you get another job) and don't give notice - then the employer may deduct the sum equivalent to the notice period.

EDIT : You say he has told you several times before that he wants you fired. Were there any witnesses to that? Such a threat would taint any subsequent dismissal, and leave him open to an action for wrongful dismissal , almost regardless of the circumstances. He sounds rather silly. So often employers behave like idiots, then moan that the employment laws are unfair.

[rainman]

So often employers behave like idiots, then moan that the employment laws are unfair.

Ain't that the truth. And it's not like employment law is hard to understand, at least at a basic enough level to get by.

[neels]

If you're not too bothered about the job, take your holiday pay and leave. It should have been recorded on your pay sheets how much you are owed.

Can be better to walk away than have an employment tribunal case on your employment record, even if it wasn't your fault.

[SMOKEU]

He can't fire you for that. What he *can* do is say, you didn't give enough notice, and not change your shifts. Them if you don't turn up for the unchanged shift, he can fire you for absenteeism. But not immediately , he has to give you warning (not necessarily three warnings, that's not actually law, but the tribunal does usually regard it as "reasonable".)

That's what my manager is saying that the store manager is trying to do. He has told me on previous occasions that he wants me fired but there haven't been any witnesses to that. There are other people at work that have been treated just as bad as I have by the same store manager.

[AD345]

Two tips

1. Don't take Employment law advice from a bike forum - there's plenty of good advocates/advocacy groups. There's always UNITE if all else fails

2. It's not nearly as difficult to fire people as it is often made out to be. I tend to average 3 - 5 per year

[GOONR]

Two tips

1. Don't take Employment law advice from a bike forum - there's plenty of good advocates/advocacy groups. There's always UNITE if all else fails

2. It's not nearly as difficult to fire people as it is often made out to be. I tend to average 3 - 5 per year

Exacery..

SMOKEU, If you wan't me to ask my lawyer friend PM me.

[hospitalfood]

mate it sounds like one way or another your days are numbered.
it is important that you take the opertunity to shit on the bosses desk while you have the chance. make sure nobody will snap you, pick your time, take some paper with you and have a good solid dump on the desk.

you will feel a lot better about things after this, it really helps.

[EJK]

You have to be given 3 written warnings before you can get fired I think.

Exactly. The official "You're Fired" almost only exist on the TV Program. I once had a colleague (didn't like him very much) who stole promotional stuffs and still didn't end up getting fired. Walked away with only simple warning.

[SMOKEU]

Now my only other question is do I wait to get fired or should I resign effective immediately (I have to give at least 2 weeks notice before resigning according to my contract, but I don't give a fuck). I'm just thinking it's not a good look for future potential employers if I get fired but if I resign without notice I mite not get my holiday pay which is close to $1000. I'm pretty broke as is, and I'll be even more broke without a job or holiday pay. I should qualify for a student allowance.

[BoristheBiter]

Now my only other question is do I wait to get fired or should I resign effective immediately (I have to give at least 2 weeks notice before resigning according to my contract, but I don't give a fuck). I'm just thinking it's not a good look for future potential employers if I get fired but if I resign without notice I mite not get my holiday pay which is close to $1000. I'm pretty broke as is, and I'll be even more broke without a job or holiday pay. I should qualify for a student allowance.

I think you have just answered your own question there.

but it sounds like the manager wants you gone and is using the store manager as an excuse, all of what he says is hearsay as it is from someone else and even if someone else hears him say that it doesn't count.
if you leave without notice, and its meant to be two weeks than they can keep it (the two weeks). if you give notice then they tell you to leave now then they must give it to you.
You can be fired on the spot for gross misconduct or a safety related matter or a serious breach of contract, other than that it is dam right impossable to get fired.

If you are that broke i would just stay at work and work though it, if they really want you gone that much then make it cost them.
if your two weeks pay is more than your holiday pay it could end up costing you money.

[Latte]

As an employer, regardless of why or how you get fired, or quit, you are entitled to all your accrued holiday pay. It's illegal to withold it, of course if you owe them any money, they can take it out of your final pay (this is for things you actually owe them, they cant claim missed shifts or anyhing stupid.

But the best advice so far has been get legal advice if things arent going as planned.