Can my employer fire me after I give my two weeks notice?

I am 18 and have worked in a law office for the past 3 and a half years.
One week ago today I put in my two weeks notice to my employer. Today (due to circumstances out of my control), I was significantly late to work, and she fired me for cause, stating that she refused to give me a positive recommendation for future jobs.
My questions are:
a.) On future job applications, can I state that I quit my job, or was I fired?
b.) If I put this job down as a past job, and a future prospective employer calls my former employer, can she sabotage my chances of getting a new job?

1 answer  |  asked Jan 14, 2004 3:38 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
talk to a lawyer right away

you blew it. you gave the manager the right to fire you for cause by coming in "significantly" late. this is good cause that will disqualify you from unemployment if you try to get it, as well (although they would also point out that you had resigned before you were fired, so that also disqualifies you).

the only thing illegal about job references is if they are intentionally or negligently false. so if they report you were fired and that they would not rehire you, they would have no recourse.

otoh, you state you have worked for them for 3 1/2 years. assuming you are close to 19, you still went to work for them before your 16th birthday. depending on the circumstances of your hire, you may have an issue as to child labor regulations. you need to talk to a lawyer right away, and they may be able to help you resolve this with no dings on your employment record. and you will need to pay a lawyer to get advice and help. contact the cal employment lawyers assn website, www.celaweb.org, for an attorney in your area.
good luck

posted by Janet M. Koehn  |  Jan 14, 2004 8:09 PM [EST]

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