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    Company lays off minimum-wage worker but still expects them to come in every day, doesn't provide severance: 'I am the only licensed person that can perform the specific type of services'

    What if you were laid off… but you still had to report to the office? Would you?

    Nobody wants to be laid off. It's one of the things we spend our careers trying to avoid. We try to always have something cooking on the back burner, ready to go if and when we get cut loose. It can be a devastating event, especially if you have people depending on you. You might feel leveraged, and like you might lose everything if you lose your job. It's not an easy job market out there, and it's harder when there's a ticking clock right behind you. But one of the things we hope for in that situation is that our companies will have our backs when push comes to shove. Even if they have to let us go, we would hope we'd be supported by generous severance packages. Or at the very least, some severance. 

    Another thing we'd probably rightfully expect is that we won't have to report to work. That's kind of the whole point. You're not getting paid anymore, so you don't have to show up. Your role has been eliminated, so there's no reason to clock in in the mornings. Then you can spend your days looking for another job. Or, heaven forbid, you can rest for a few days before you hit the ground running. But neither of those things happened in this situation, and the employee was left wondering what exactly they should do and how they should do it. 

    Author image for JR Atkinson JR Atkinson
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    • A stressed out employee puts her head in her hands.
      via Unsplash+ (Getty Images)

      The image does not depict the actual subjects of the story. Subjects are models.

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    • Their company decided to keep them on the hook even after their position had been eliminated. Turns out they hadn't thought far enough in advance, and they had to keep them on to provide certain services. You can't really do that, though, if you've laid someone off, right? You kind of lose the ability to rely on someone for their work when you let them go. But they wanted their cake and to eat it too. So the employee reached out to the internet for a little guidance on how to get through this. Read on for the full story and see what they had to say.

    • Was laid off effective immediately but still expected to work. (No severance, minimum wage hourly employee)

      I was laid off last week from my employer after three months of the place of business being open (med spa). They told me that they were closing down this establishment until further notice. I was an hourly and commission employee. I performed services for
      via u/yunqi69
    • commission and got paid hourly for other tasks. If you've worked in the beauty industry, hopefully this makes sense. I was the only full- time employee while everyone else was "on call" so they didn't get laid off, as they only come in when they have appointments to fulfill. I have a letter stating that I was being laid off effective immediately
      via u/yunqi69
    • with the date being of that day. However, this place of employment is asking me to come in and perform services. I am the only licensed person that can perform the specific type of services that are going to be scheduled. Am I crazy for not wanting to go in and perform the services? My employment was terminated so
      via u/yunqi69
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    • why would I go back and work for someone who I technically don't work for anymore? They screwed up by laying me off because now they don't have a Plan B for anyone to perform the services and I assume they think I'm just going to comply and work for them. They told me I was eligible
      via u/yunqi69
    • for unemployment in my state. I applied and I'm waiting on approval. Do you think this is a way for them to screw me out of my unemployment? I can't possibly qualify for unemployment if I'm still working there. I just need advice on where to go from here.
      via u/yunqi69
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    • TLDR; my former place of employment laid me off last week, but still expect me to come in and work even though I have filed for unemployment.
      via u/yunqi69
    • A stressed out employee puts her fingers to her temples
      via Unsplash+ (Getty Images)

      The image does not depict the actual subjects of the story. Subjects are models.

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    • Commenters gave their advice and opinions.

      Shieldor If you're a licensed person, going in and doing services, while "fired/layed off", could put your license in jeopardy. Just something to think about.
      via u/Shieldor
    • yunqi69 Original Poster's Reply Didn't even think about this, thank you for this perspective
      via u/yunqi69
    • yunqi69 Original Poster's Reply I also want to add that I worked there for 90 days full time (had to work 90 days for benefits to kick in) and was set to get my benefits (paid for health insurance, etc.) the week after. It feels very intentional so they wouldn't have to pay to give me benefits. They really screwed me over in that regard.
      via u/yunqi69
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    • nmw84pdx I don't think I've ever seen someone come right out and name their employer, especially if they're waiting on something like UE benefits that could be effected if things go south. They're not dancing around anything. They explained it's a med spa. Most people most semi- anonymously.
      via u/nmw84pdx
    • yunqi69 Original Poster's Reply THANK YOU.
      via u/yunqi69
    • BiologylsHot Fire effective that day but continue working? What does fired even mean then? Are they still paying you or wanting you to come in for free? It makes no sense to me really. Maybe ask for clarification. If you don't have an agreement or understanding about when they're paying you until you just collect unemployment and look for a new job. If they are still paying you normally you do the bare minimum, collect money and look for a job.
      via u/BiologylsHot
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    • yunqi69 Original Poster's Reply They want me to come in and get commission only at their set rate. At least that's what I would expect them to do legally, but who knows - they never really clarified.
      via u/yunqi69
    • CeeUNTY There's a lot of people here who don't understand how this works in a salon. No, she can't demand 10x her commission that would far exceed what the customer pays. She can agree to work as a subcontractor without an hourly wage or she can not go back.
      via u/CeeUNTy
    • yunqi69 Original Poster's Reply This is unfortunately the case. Right now I make 50% commission on services. I could demand 100% commission instead. This would be the only way. For example, one service is $185. Instead of me making 92.50 from that, I could request that I receive all $185. They would never comply, but it would be funny to hit them with that.
      via u/yunqi69
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    • kyallroad Goodness, you REALLY dance around what the job is. Why would you hide the identity of a crap organization?
      via u/kyallroad
    • yunqi69 Original Poster's Reply Details aren't necessary about my job description. I worked in a VERY small town of >600 people. There's no need to call it out because I can assure you no one is going there anyway.
      via u/yunqi69
    • Spittinglama Sounds like a scam to claim they didn't fire you. Save all the communication you have of them letting you go.
      via u/Spittinglama
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    • quast_64 Don't go, you will be working outside their insurance and could be held personally liable if something happens.
      via u/quast_64
    • ProtozoaPatriot Don't. They laid you off. You're applying for Unemployment. It'll wreck your unemployment claim. It's also not your problem if they didn't realize they'd be shorthanded after they let you go. This place sounds so poorly run.
      via u/ProtozoaPatriot

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