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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Hi, Here is my recent scenario: I gave 2wk notice to my employer,

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Hi,
Here is my recent scenario: I gave 2wk notice to my employer, with the last work day stated as being July 2, 2013 on my letter of resignation. Then on Monday JUNE 24th,about 2.5 hours into my work day, my boss and manager called me into a meeting with them, to tell me to just leave now and, in their words, "We will just pay you thru your last work day of July 2,2013. (Mind you, I have seen this done before with an employee at this company, and then, it was so that office moral was not effected.) My boss gave ME no reason, but I assumed for the same reason, and who am I to argue with offered paid time off.....) Since then, I received my direct deposit paycheck on friday, July 5th (our usual payday), but they only paid me x1 weeks pay, for June 16-JUNE 23rd (I worked "On Call" over that wknd of june 22 & 23rd)......but there is nothing for the week of June 24th, which is the week they dismissed me, supposedly with pay. I have called 3 times to payroll/human resources, and although they can see I didnt get paid the second week, they could not give me a reason why, and last friday when I called for update, they said that my boss still has not responded to their request for explanation. I have experienced alot of unfairness & wrongful acts by management with this company, as well as my co-workers, and all I can think is .....here we go again. I dont know if their angry with me regarding my resignation or what. No one has contacted me regarding change in plan. My floor manager never spoke to me about my resignation,except in that meeting. Not a surprise, sad to say. /My last manager in company fought tooth and nail to block my transfer into this new dept I just left. When it appeared she was losing the battle to keep me in her dept, all of a sudden, in my last work week there in 1st dept, out of the clear blue sky....I was called into office and accused of sexual harassment on the job, and the "victim" was the >60yr old woman in the office, that is known as Grandmom on the floor. I was offended by this on MANY counts....for one...I am heterosexual. I have never had a file at work, on me, but if you have anything in your file, you are no longer a candidate for any new position. I am not a big believer in too many coincidences, and the untimeliness of this accusation is questionable. "Grandmom" as I will call her, is well known at work for not being mentally stable and if anybody there could be persuaded to falsely accuse another....she is the weakest link and their best bet. I am not going to say it was a set up,but I remain suspicious. I had never had a problem with that employee before and we rarely talked at work. Anyway, managers told me not to talk about this to anyone when I walk out of office and they would f/u with me later. Next day, I told them I was getting a lawyer and advised them of answers I needed regarding the supposed incident, they immediately called me into office and said, never mind,its off the table. (It never should have been on the table without a Human Resource person in attendence, for such an accusation as this.)So, against my families advice, I backed out of involving lawyer, & moved to new dept.---I tell this added story to give you idea of what I have been working with and why I feel strongly about not letting them get away with something else. Its wrong the way they treat us, cause we give so much. We just started getting paid for additonal hrs worked this past March.Crazy additional hrs, that I for one, have given this company for --last 3yrs. **So my question is: Can this company break their verbal contract with me, and get away with not paying me thru my documented planned last work day of July 2nd? I wanted to work that time, and earn another full paycheck, and I feel they stole that full paycheck from me, with fancy foot work in a meeting....and let me be clear, this meeting was never about my performance or anything negative like that. They simply wanted to tell me to clean my desk out and just go...with pay....and you have 10 minutes before your computer locks you out......(felt like retaliation).

Hi, My name is XXXXX XXXXX my goal is to provided you with Excellent Service

 

 

Q. Did you have a written Employment Agreement with your former employer ?

 

 

 

Customer: replied 3 years ago.


Hi,


As I was saying, this was a verbal contract in meeting.Its the only way they do it. I knew that part was going to be a problem.....

Hi, Toni,

 

 

If an employee has a written Employment Agreement with their employer, the Agreement sets forth, among other things, the employee's responsibilities, salary, benefits, and the circumstances under which the employee can be terminated. If there is no written Employment Agreement, then the employer and employee have an "At Will" employment relationship which means that the employee can terminate the employment relationship at any time without any liability to the employer. By the same token, the employer can terminate the employee at any time, for any reason, or for no reason. Although you acted professionally and gave them the courtesy of two weeks notice of your intention to leave the employer, they did not extend to you the same courtesy you gave to them. However, without anything in writing to secure your position with the employer, they have no legal obligation to give you any notice of termination,

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me,

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Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

Customer: replied 3 years ago.


No, I only expect and want the right answer, so thank you for that...but, If the employer terminated me and that is why I was not paid....dont they still have an obligation to tell the employee that they have been terminated?


 

Employers should tell an employee that they are terminated so that there is no misunderstanding. The law does not prescribe any specific words or actions which an employer must use in order to get his point across to the employee. Your former employer just did not have the professionalism or courtesy to tell you face to face and chose to allow you to figure it out through their actions. However, since they terminated you, you are eligible for unemployment compensation benefits,

_______________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Customer: replied 3 years ago.


So you are saying, that after I gave my letter of resignation, it appears that I was fired and that is likely what will be on my record when future employers check my references? Wow, it just seems like human resources would have just said that when I was talking to them on the phone last week. That's what H.R. does. Let you know you have been terminated. Plus, before those calls, I called in to benefits to see when my health insurance ends and they told me july 31st since last day is july 2. I cant try to figure out these crazy people. Okay. I will probably just walk away quietly then. / I already have a new job, so as far as unemployment benefits go.....

I cannot say what they were thinking, but that is how it would appear to someone who was just a casual observer. Please do not forget to leave a positive rating; it will not cost you anything additional, but that is the only way I would receive credit for assisting you. Thank you for understanding,

 

_________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Andrea, Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you and have a nice day.Signing off......

You have a nice day also, Please leave a positive rating, Thank you,

 

 

ANDREA

Hi, Toni,

 

I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise I will not receive credit for assisting you. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,

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