Resigned Employer Didnt Take it Well
I recently resigned from a VP positionat a relatively small stagnant company with really no advancement possibilitiesto take a job at a similar larger company with much more upside and growthpotential.
My employer took everything ok the day I resigned, I toldhim I would stay to make sure everything I was working on was taken care of, atleast 2-4 weeks, then at the end of the following day I was told to pack up mystuff and go.
My question is what are my rights regarding pay for the 2weeks I was going to stay, I was paid through the day I was asked to leave, andstill had two weeks of vacation and a week of personal leave. Am I entitled tothat pay, or should I just drop it. When I was on the other side of this typeof situation, I would always pay the employee the 2 weeks if he/she was askedto leave early when they resigned.
I had stood by my offer to clean up any loose ends, andany communication has been met with silence. I didn't expect anythingdifferent. With this employer, once someone leaves either voluntary orinvoluntary, they are dead to him. I'm glad I'm gone, but also don't want toget stiffed out of thousands of dollars of pay and benefits if I have a rightto them. I am in the State of Maryland.
Thanks for any input.
If you ask me, I'd be looking and familiarizing myself with the laws of my state via the state gov't website, or the Labor Board, in addition to trying to make friends with the current (or past) employers' legal dept. They can verify your findings, or answer any questions you may have. Or, if you know anyone who is in the legal field that deals with such things, they may be a resource as well, or perhaps can steer you in the right direction.
There is sometimes so much of a language barrier that most don't want to sit there and wade through the understandings and meanings of this and that, but you really have to, because a lot of employers bank on the fact that you don't know the law, or you kinda know the law, but not really, and since they (the employee) really doesn't know, they will get suckered by the employer into any various kinds of predicaments.
In my state, one of the only things, if not the only thing, any employer owes you is a paycheck, and if the employer does not pay, or tries to mess around in the realm of Paycheckland in any way, shape or form, there are serious consequesnces. They also have to pay any unused vacation, but not necessarily personal time. So, at least I know that when I leave a company, I will have a check that includes all my hours and vacation time.
Isn't there like, a "Maryland.org" site, or a work force or labor site (for MD)? I'd try doing a search on the web, or maybe give a call to a local office and ask the human on the other end of the phone as to where you can go to find out information in regards to payroll. Just a thought from a little troll goddess....
Good Luck,
TG
Your employer's personnel policy should address whether employees are paid for accrued leave time upon separation from employment. Is the company so small that they don't have written policies? The trend in the local government sector, with which I am more familiar, is to reduce the amount of paid leave time when employees resign and retire.
Except for relatively low-level positions, it is very common for employers to cut an employee loose upon receiving a resignation, regardless of 2 weeks notice.
It took me less than a minute to find this:
Division of Labor and Industry The Maryland Guide to Wage Payment and Employment Standards -Wages and Compensation - Unused Vacation at Termination -- Is It Payable?
| The answer to this question depends on the employer's policy, and whether this policy was communicated to the employee in advance. For example, if an employer informs employees at hiring that unused vacation leave will be lost or forfeited when employment ends, then an employee will probably not be able to claim it. On the other hand, where no policy exists or was made known in advance to a terminated employee regarding forfeiture of accrued vacation, the employee may receive the cash value of whatever unused earned vacation leave was left -- provided it was otherwise usable. |
http://www.dllr.state.md.us/labor/wagepay/wpunusedvacpay.htm
I cannot believe you are unemployed, or not with a firm. You are very knowledgable and give good advice. I haven't been here in quite a while, and it's good to see others giving out good advice.
TG
Although most employers do pay out the 2 weeks regardless, there's no requirement to if you didn't work that time. He also may not be required to pay out your remaining vacation and personal leave. Rules on that vary by state.
And it is VERY common to be let go before the end of your two weeks these days, especially if you're in a position where you can damage the company while still in the job. I'd say it is standard for IT people to put their 2 weeks in and be handed a box to pack their things in.
Tess
Thanks TG,
I can't believe I have been unemployed this long either!
The market is brutal in my area of expertise, and employers seem to mostly be seeking younger, less knowledgeable people to fill positions.
I try to give good advice; if I misspeak or realize I was mistaken, I try to correct it promptly.
Unfortunately, the only provisions Maryland has besides what was already mentioned was that they have to pay you no later than the next regular payday. They don't have to pay you for unused vacation unless they have a policy that states that. Most states are like that.
If an employer pays the 2 weeks in lieu of notice, it's at their discretion if there is no written policy. I've never quite agreed with this, because all it does is encourage employees to leave without giving notice, making it even more likely that employees who might cause damage have the chance to do that before they leave.
Good point! We are told that the right and professional thing to do is to give two week's notice upon announcing resignation. Then we are unceremoniously dumped immediately after giving this notice. I guess there's a double standard operating here. The employee is not allowed to be unprofessional, or at least she is told that this is not wise, and her employer can be as unprofessional as he wants by telling her to leave as soon as possible.
There's so much hypocrisy in business!
Bunzo
Yeah, tell me about it. I'm quite the rebel in the HR/payroll department where I work. I can quote company policy and government regs with the best of them, but I'm also sometimes a bit too outspoken on things that I think are a crock.
There are some fields where the immediate escourt out is assumed, like in IT where you can cause major damage to let you remain for a few weeks. Add to that, there are some employees who take that 2 weeks seriously and tie up loose ends and work with the company to transition their work, but from what I've seen those people are rare. In most cases the company is better off letting the person go immediately because most people aren't productive when they know they're leaving, but again, I have an issue with the company not paying them when they ask them to leave.
[You sound a bit like me sl1,]
Employers also escort "lame duck" attorneys to the parking garage the minute they resign. Yet, they don't hesitate to call if they have questions about a case, file or client, time for which one is no longer being paid.......