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I was on unpaid administrative during the month of October

Resolved Question:

I was on unpaid administrative during the month of October 08 waiting for my company to get a reply from the government on their re-competition for the government contract bid. On November 4th I was notified by email that my contract has ended and that I need to contact HR. On November 7th 08 I was notified that instead of my contract being ended, that I am terminated because from my job and consequently that I do not have a severance pay. My question is since I my legally not working for the employer starting from November 1st o8, can they terminate my contract 7 days later claiming a different reason for doing so?
Submitted: 8 years ago.
Category: Employment Law
Expert:  Infolawyer replied 8 years ago.
what happened on November 1 and what happened on November 7 precisely? Are you an employee or independent contractor?
Customer: replied 8 years ago.

Martinez, Georgia


Already Tried:

Dear Sir/Madam,
My name isXXXXX am 48 years old, married, have two kids, and I am the main provider for my family.
I have been working for the DOD as a contractor through a commercial company in the capacity of a full time instructor since November 1999.
The company was re-competing for 5 more years of their 150 million dollar contract with the Department of Defense. My resume that the company used to win the bid is by far has the best qualifications and experience for the job among others of my coworkers.
The old contract with the DOD ended 31 September 08 and I was placed with other employees under unpaid administrative leave for the month of October until the company receives word about their bid.
I was informed on November 30th 08 via email from the site Mgr. that the company won the bit. See actual email content: “I just got word about 40 minutes ago that L-3 won the contract award. Don’t have any further details right now but should know more this afternoon.”
Then on the 31st of November I received this email from the same source: “As of yesterday afternoon there was not definite word on when folks could come back to work. Even for those who were on the schedule for Monday were in question. I'm supposed to find out today and I'll send an email as soon as I know something more.”
On the same day the site MGR sent this email: “I 'm still waiting to hear from L-3 as to who can come back to work and when. The Gov. is sorting out some things with the contract and all are waiting to hear from them. If I don't hear by the time I leave today, I
gave them my cell number to contact me. I'll give all a call this weekend as soon as I hear something.”

So, I was under the impression that we (myself and other instructors) will go back to work as soon as the company wins the contract, which is supposed to b e the first week of November. When I did not hear from the site Mgr. I contacted him by phone asking about the updates. During this call he advised me t
Customer: replied 8 years ago.
On November 1st I was supposed to go back to work after the company won their bid for 5 more years of contract. On the Nobember 7th I received this email from my division HR Mgr.:

"Ahmed

Continue on unpaid administrative leave status until contacted by HR here in MD.



Thanks



Jessie Sanders-Roman, PMP
CLAST Program Manager
Training Operations Department
Intelligence Solutions
A Division of L-3 Communications XXXXX
Annapolis Junction, MD 20701
XXX-XXX-XXXX [email protected] "

End of email.


Here is a more detailed sequence for the events:





My name isXXXXX am 48 years old, married, have two kids, and I am the main provider for my family.
I have been working for the DOD as a contractor through a commercial company in the capacity of a full time instructor since November 1999.
The company was re-competing for 5 more years of their 150 million dollar contract with the Department of Defense. My resume that the company used to win the bid is by far has the best qualifications and experience for the job among others of my coworkers.
The old contract with the DOD ended 31 September 08 and I was placed with other employees under unpaid administrative leave for the month of October until the company receives word about their bid.
I was informed on November 30th 08 via email from the site Mgr. that the company won the bit. See actual email content: “I just got word about 40 minutes ago that L-3 won the contract award. Don’t have any further details right now but should know more this afternoon.”
Then on the 31st of November I received this email from the same source: “As of yesterday afternoon there was not definite word on when folks could come back to work. Even for those who were on the schedule for Monday were in question. I'm supposed to find out today and I'll send an email as soon as I know something more.”
On the same day the site MGR sent this email: “I 'm still waiting to hear from L-3 as to who can come back to work and when. The Gov. is sorting out some things with the contract and all are waiting to hear from them. If I don't hear by the time I leave today, I
gave them my cell number to contact me. I'll give all a call this weekend as soon as I hear something.”

So, I was under the impression that we (myself and other instructors) will go back to work as soon as the company wins the contract, which is supposed to b e the first week of November. When I did not hear from the site Mgr. I contacted him by phone asking about the updates. During this call he advised me to directly contact the division Mgr., or the division HR Mgr. to get information a about my status. I received this email from the Program Mgr. on the 4th of November:

“You need to contact HR …your contract on TEDS has ended…

Jessie Sanders-Roman, PMP
CLAST Program Manager
Training Operations Department
Intelligence Solutions
A Division of L-3 Communications XXXXX
Annapolis Junction, MD 20701
XXX-XXX-XXXX [email protected]




From: ahmedmansour [[email protected]]
Sent: Monday, November 03, 2008 3:54 PM
To: XXXXX XXXXX F @ ISD
Cc:[email protected]
Subject: Position status

Hi Ms. Roman,

This is Ahmed Mansour from Augusta, Georgia. I worked for L3 in the capacity of Arabic language Instructor at ADT GCL at Fort Gordon. I was on unpaid administrative leave during the month of October 2008. Today, I contacted Mr. XXXXX, XXXXX L3 site manager to clarify my status. Mr. Scott recommended that I get in touch with you in this regard. Please advise since I am getting conflicting messages about my work status. On one hand that my contract may have been terminated and that I need to contact HR for the exit process, and on the other that I am on a co-teaching schedule for an MSA class that started today November 3, 2008.

I understand your busy schedule at this time and I appreciate your attention to this matter.

Respectfully,

Ahmed Mansour

email:     [email protected]
phone:    (XXX) XXX-XXXX
address: 3957 Carson cutoff
              Martinez, GA 30907
----------------------------------------------------------------------------------------------------------------------- “
End of email.

However, the next day, on the 5th of November, the program Mgr. sent me this email:

“Ahmed
Continue on unpaid administrative leave status until contacted by HR here in MD.

Thanks

Jessie Sanders-Roman, PMP
CLAST Program Manager
Training Operations Department
Intelligence Solutions
A Division of L-3 Communications XXXXX
Annapolis Junction, MD 20701
XXX-XXX-XXXX [email protected]
-------------------------------------------------------------“

End of email.

So as you see, the employer contacted me by phone days after my contract with the company has legally ended on the 30 of October and asking met to fill a time card for the first week of November, while I am staying at home, using 5 hrs. of PTO (Personal Time Option) and 7 Hrs of unpaid leave. Their reason was to cover my health benefits for that week. Later the site manager changed my time card to 8 hrs/a day for that week, totaling 40 hrs. When I asked his why, he said that this is the way the higher management wants to do it. Later on the 6th of November, the employer notified me that my contract has ended and that I need to contact HR for exit process. When I did so, asking the HR MGR about how will I get my severance benefits according to the company's policy (2 paid weeks + one paid week for each year of service- I worked for this company for nine consecutive years - so the total paid weeks I am supposed to get is 11 weeks), She did not respond and instead I received an email from the Program MGR asking me to meet with the Augusta , GA site manager on site where I was working where they will have a conference call with us (the company main office is in Virginia). During this call, I was shown a copy of a fax dated Friday November 7th, 08 informing me that my contract was terminated for showing insubordination to the management in an incident that took place during the last week of September 08. So, consequently, instead of ending my contract with benefits, they are terminating my contract and depriving me from the one week per year served with the company policy. Instead I will be receiving only one week of salary which is the first week of November they asked me to fill in the time card for and 2 paid weeks of general termination of contract. I told them that I will ask a lawyer if they can maliciously and through deceit trick me into filling a time card for the first week of November, to legitimize taking action of terminating my contract in this way so that I will not receive the severance benefits I deserve according to the company’s policy. Can the company hold me as one of their employee for a month (unpaid administrative leave) until they win the bid for a 5 years contract with the DOD, and then later on terminate my contract and deprive me from the severance benefits?

Expert:  Infolawyer replied 8 years ago.
The employer has discretion to terminate you unless your contract provides otherwise. It can put you on leave, then extend it or decide to terminate. It can even change its reasoning. Your recourse is to check your contract for recourse and speak to the employer about possible reinstatement and severance.
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