Boss miss communicated my situation now I don't have a job

[okiedrew]

What is the name of your state (only U.S. law)?

Oklahoma

I am a salaried worker and went to my boss (VP) and told him I wanted to see if I could receive a raise. I based this on a headhunter call offering 15% more on base pay and 120% increase on commission pay. I stated on a conference call with my immediate supervisor and the VP that I was not threatening my job, not looking to move but being one of the lowest paid workers out of 50 sale-people, after a almost 7 year tenure I could get a raise over the normal cost of living increase (2.5%)

Looked good until upper management told me that I should take the job offering and that I was no longer needed.... I was shocked and told them I had no job offer. I asked what my status was and my VP told me I need to send my resignation in. I did so after my supervisor said it was the only way to get my two weeks paid notice time and my commission that I earned in December.... The HR director sent me an email stating I was released immediately no pay no commission and all Health insurance was cut off.... I still don't know what happened. I have never had any negative marks I am top three performer in the region. I also still have not received any Cobra information after this happened 4 days ago.

I believe upper management was told I was threatening them with a "give me a raise or else I will go to the competition." I did not have a job when released. I stated that clearly with my supervisor and he has also gone to HR requesting I at the lease get paid for two weeks. I have found employment by luck since but have not started yet. If I have a medical emergency or issue during the lapse of medical coverage or anything that is life changing do I have any recourse? Maybe against the VP or the company.... I know the job is a lost cause working in an "at will" state.

Thanks

Okiedrew

 

[eerelations]

You're right, under at-will employment you have no legal recourse here, either against the company as a whole, or against the VP as an individual.

Absent a legally enforceable and binding written contract that states otherwise, your former employer does not have any legal obligation to give you two weeks' pay in lieu of notice, nor does it have any legal obligation to extend your health benefits for two weeks after you've stopped working.

Regarding COBRA information, employers have 30 days post departure to send this out to ex-employees. (And in fact it may be 60 days; someone else will correct me if I'm wrong about the 30 days. But either way, your former employer is not legally obliged to send this information to you within four days of your departure.)

All of the above notwithstanding, you do have a shot at getting UI benefits. File a claim for UI benefits right away and tell the UI people exactly what happened, as you've told it to us.

 

[cbg]

When you combine the time to notify the COBRA administrator and the time the COBRA administrator has to notify the former employee, it's 44 days. If you elect COBRA it will be retroactive to the date your coverage ended.

I stated on a conference call with my immediate supervisor and the VP that I was not threatening my job, not looking to move but being one of the lowest paid workers out of 50 sale-people, after a almost 7 year tenure I could get a raise over the normal cost of living increase (2.5%)

NEVER try to justify a raise based on what other people are making. Worst mistake you could possibly make. You just found out why.

No. You do not have any legal recourse against anyone.