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Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I gave my resignation for July 12th (60 days prior) and due

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I gave my resignation for July 12th (60 days prior) and due to continued poor attitudes of co-workers, increased work load and lack of adequate time to complete the assigned tasks in addition to some needs of a child I moved it up to July 4th. My employer keeps telling me if I don't come back the 8th it will be job abandonment. She refuses to take my resignation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information. Can you tell me what your specific legal question is? Also, do you have a written contract or did you sign something that says you and your employer must give each other a certain amount of notice prior to termination of the employment arrangement? What is your job?
Customer: replied 1 year ago.

Sorry, I realize that was not clear. It is making me nervous never had such trouble before.


 


I am a nurse practitioner. My contract expired in March and was not renewed by my choice.


 


I want to know if there are any legal repercussions for not working that last week. This company has a bad reputation for treating their providers poorly and I did not know this over 2 years ago when I started.


 


I just don't think I can stand it. I can barely stand to work this last week next week. I already have a new job to start I accepted before giving my notice.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for that information. You don't say though whether your contract or anything else you signed said that you were required to give a certain amount of notice. Normally in Missouri, absent an agreement or a law that states otherwise, neither an employer nor an employee owes the other party any notice at all before terminating an employment relationship. That general rule though can be modified by an agreement or a professional standard.

So, if your existing agreements don't require you to give any more notice than you are now wanting to give, which is less than 60 days, then the only other issue is whether the notice you have given is reasonable notice for your employer to provide for the patients that you have been seeing. In other words, the only issue I can see, assuming you are meeting notice requirements of any meeting you have, is the issue of "patient" abandonment. I can't tell you ultimately what the result would be if your employer filed a complaint with your licensing board. But, I would venture a guess that if they do not have someone already identified to take your patients, that your licensing board would not find you at fault. In other words, they have had more than 45 days to provide for your replacement and so unless they have hired someone but have informed you that this person cannot start until the last day of your original notice, they don't have any room to alleged "patient" abandonment.

This would not be job abandonment because you gave notice and again assuming you met the contract or signed agreement length of time, then you have not contractual issues to worry about.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.


My original contract ask for 60 days notice. Company policy manual says 30 days. They had already hired someone to replace me and she was taking her test this last week. I have a copy of the modified schedule with me off after the 4th that the COO changed but the CEO is saying they are going to keep the books open regardless. THey were moving an NP from another clinic less than 10 miles away to cover patient until the new one was ready. Basically they are going to change the schedule back to reflect me there after the 4th now. Craziness.

Expert:  Marsha411JD replied 1 year ago.
Hello again Gail--These seems like a war of wills or some reason and although I would say that you are within your legal rights to leave when you had planned, you might want to at least consider staying for that extra time as long as it does not interfere with your new job. That way you avoid the hassle of any future issues with their characterization of how you left. Again though you would ultimately appear to be in the right, if your contract has expired and they have a replacement for you, but since they had planned on the 12th, the day in your original notice, then if you can, you might consider trying to endure it. Don't have to, but might want to.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17612
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks for your help. Unfortunately it will interfere with my new job. The last 2 Drs that worked with us sadly had the same experience. One just left the other was treated poorly until she worked out her notice. I will contact the State Licensing Board Monday to make sure on the patient issues and see what answers I can get.


 


My patients I have seen in the last Month and 1/2 know I am leaving and where I can be found so I don't think patient coverage will be an issue. In addition the coverage they have for the clinic will be no different the 8th than the 15th.

Expert:  Marsha411JD replied 1 year ago.
You're welcome and it sounds like you have a good plan of action and that the employer is being unreasonable just as a matter of principle. Doesn't say much for them. Best of luck to you!
Customer: replied 1 year ago.

I have another question in this situation. I will be glad to be done with this company. The company is holding my last paycheck until some 'charts are signed" and they say their are some delinquent orders. Orders I put in for patient to come in and have done. They have inactivated my log in to even access charts to sign off and I have no control over delinquent orders because if a patient doesn't show up to have them done I obviously can't do them. Can they legally hold my check when they cut off my access to do what they want? This check is for services I rendered.


 

Customer: replied 1 year ago.

I have another question in this situation. I will be glad to be done with this company. The company is holding my last paycheck until some 'charts are signed" and they say their are some delinquent orders. Orders I put in for patient to come in and have done. They have inactivated my log in to even access charts to sign off and I have no control over delinquent orders because if a patient doesn't show up to have them done I obviously can't do them. Can they legally hold my check when they cut off my access to do what they want? This check is for services I rendered.


 


 


 


 


 

Expert:  Marsha411JD replied 1 year ago.
Hello again Gail,

Completely withholding a paycheck is unlawful under both Missouri wage laws and the Federal Fair Labor Standards Act. You can file a wage complaint with the Missouri DOL against the employer. In addition, this is what the Missouri Department of Labor says about deductions from paychecks:

Deduction - An employer may deduct funds from an employee’s wages for cash register shortages, damage to equipment, repayment of a cash advance or loan, for purchases made at the place of business, or for similar reasons. Deductions can be made from an employee’s wages as long as the deductions do not take the employee’s wages below the required minimum hourly wage rate.

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