I don't think it is legal, actually.
well, it's not so much that it's not legal, it's that she can claim that she wasn't given notice. It really only matters if there's some issue with the amount of time that she worked for the company. If she's salaried, she can claim that she should be paid for the time until they formally notify her.
Even if your boss didn't know about your grandmother, it is completely despicable for him to tell your husband that you're being fired (or laid off? If it's a "business reorganization," does that technically mean laid off, or do you think it's a euphemism?). I don't even know if that's legal. It is definitely unethical.
To be fair (it is my curse) to Aimee's former boss: He was trying to reach Aimee when he called me. When I informed him that Aims was in MI for the reasons mentioned above, he truly seemed to not know what to do. I think he told me because...his mental program was telling him to inform Aimee and in the face of "The hell?" info like this he just forged ahead and told me so that I would have Aimee call him.
He's been, over all, a decent guy. Both Aims and I are truly perplexed as to what "changes" could have necessitated this...it's out of NOWHERE.
But...as much as I wish it were the case...I don't think he's an entirely despicable ass. I think he's a simple man faced with unforeseeable circumstances reacting in a poor manner.
And who among us can say we haven't done the same?
I don't think it is legal, actually.
It is. It's shitty but it's legal. Their only real obligation is to send her last paycheck out within three days of termination.
It's my understanding that California has pretty strict laws about firing people--especially when they're on leave for a Family Reason.
In any case, it's completely fucked up beyond reason.
And yes, they need to deliver a final paycheck within 24 hours. If not, she is considered an employee until they do.
North Beach will be sending ~ma - tonight will include seeing some of the people Aimee met when she visited, and I'll ask them to think of her & you, Joe.
It's my understanding that California has pretty strict laws about firing people--especially when they're on leave for a Family Reason.
But if it's a reorg instead of firing, it's legal.
There are lots of laws around re-org too. Unfortunately I am becoming all too familiar with this. However, my experience is for publicly held companies of over 100 employees. Private and smaller companies can get away with much, much more. :(
Unless I'm reading Joe's post wrong, it sounds like Aimee's boss wasn't firing her because of taking time for a funeral -- it sounds like he didn't even know she was in Michigan.
At the very least, if it's re-org, it means unemployment, which is actually a fairly decent $1800 a month in CA these days, assuming highest bracket.
Unless I'm reading Joe's post wrong, it sounds like Aimee's boss wasn't firing her because of taking time for a funeral -- it sounds like he didn't even know she was in Michigan.
Yup, most of these are cross-posted with that.
California is an "at will employment" state. They can fire you just because they no longer see the need to pay you, if they want.
They are required to provide final paycheck within, I believe, 72 hours. Which they are likely doing, as FedEx is, according to her former employer, to be delivering her stuff (including check) before 10 a.m. tomorrow.
I'm sorry for Aimee...she liked it there, they seemed to like her. It's a punch to the gut out of nowhere for her...we still don't know WHY. And the timing, while apparently coincidental, sucks giant boulders.