Advice PLEASE

[dakcp2001]

For those that have been follwoing my saga, it continues! I relocated for a job, it turned out to be totally different than what I was promised. I stayed until I could land a new position (6 months). I attempted to give my two weeks notice but my manager (who is quite well known for this) refused my notice and told me to leave immediately. I called HR and they told me they would help me work it out, and never returned my calls. I sent a copy of my resignation giving two weeks to both HR email address as well as my manager. My manager told me it had to be emailed, she refused the hard copy I had in person.

Fast forward to now, I should have been paid today by direct deposit for the last weekend I worked, no direct deposit. I called payroll, they said they can see I was "terminated" from the company and no hours were submitted for me by my manager. I should also be getting my PTO. I called Hr they have "no record" of my email. Although I have been locked out of the company internet, I blind cc'd all communication and have copies of the resignation letter and all emails with my boss.

Should I call a lawyer? I dont want a record of being "terminated" when I quit.I tried to give adequate notice, which I have proof of via the emails. I expect to be paid what I am owed.

BTW not giving two weeks = forfeiting pto according to payroll

Advice?

 

[handinpocket]

The sad truth is, it will probably cost you more to get a lawyer than it is worth, and they KNOW this. If they all stand firm to the "terminated" story, it is their word against yours, and we all know how that will pan out.


My advice is file for unemployment for those weeks you are without work. I'm so sorry.

 

[aaarcher86]

If you could find an attorney to send a letter, or at most make a phone call I'd say give it a shot since you have email backup. I definitely wouldn't take it any farther since it would cost you more as the PP stated. Sometimes something small and simple from an attorney is all it takes - particularly if you have proof, with dates and all that.

 

[dakcp2001]

I have proof and witnesses. My friend also quit the same day ( unbenownst to me at the time I quit) and is in the same situation. 7 of us have quit since Christmas eve. I am sending emails to all of them. If they cheat us all of our PTO and last check, what a savings for them. I think I am willing to pay an attorney just on principle.

BTW I already have another job, which is why I quit to begin with.

I am SO ANGRY.

 

[EclecticWAHM]

Contact your stat's labor board. I bet they will have good advice for you. Good thing you cc'd yourself. Gotta CYA these days because a lot of companies/managers are real jerks when it comes to issues like this. Glad you found a new job though!

 

[Katie's Butterflies]

Contact your stat's labor board. I bet they will have good advice for you. Good thing you cc'd yourself. Gotta CYA these days because a lot of companies/managers are real jerks when it comes to issues like this. Glad you found a new job though!

I agree, contact your labor board. They'll force the company to pay you

 

[handinpocket]

I have proof and witnesses. My friend also quit the same day ( unbenownst to me at the time I quit) and is in the same situation. 7 of us have quit since Christmas eve. I am sending emails to all of them. If they cheat us all of our PTO and last check, what a savings for them. I think I am willing to pay an attorney just on principle.

BTW I already have another job, which is why I quit to begin with.

I am SO ANGRY.

Yes, if you have proof go to the labor board tomorrow!!! Burn their asses!! I hope they can help you, please keep us updated.

 

[OceanAnnie]

I hope you get the money you earned. You had good reason to leave. Doesn't sound like a good place to be by any stretch.

 

[jaminmd]

For those that have been follwoing my saga, it continues! I relocated for a job, it turned out to be totally different than what I was promised. I stayed until I could land a new position (6 months). I attempted to give my two weeks notice but my manager (who is quite well known for this) refused my notice and told me to leave immediately. I called HR and they told me they would help me work it out, and never returned my calls. I sent a copy of my resignation giving two weeks to both HR email address as well as my manager. My manager told me it had to be emailed, she refused the hard copy I had in person.

Fast forward to now, I should have been paid today by direct deposit for the last weekend I worked, no direct deposit. I called payroll, they said they can see I was "terminated" from the company and no hours were submitted for me by my manager. I should also be getting my PTO. I called Hr they have "no record" of my email. Although I have been locked out of the company internet, I blind cc'd all communication and have copies of the resignation letter and all emails with my boss.

Should I call a lawyer? I dont want a record of being "terminated" when I quit.I tried to give adequate notice, which I have proof of via the emails. I expect to be paid what I am owed.

BTW not giving two weeks = forfeiting pto according to payroll

Advice?

If they did that to that many of you and you have the drive to do it, I would pursue it.

I've read a few of your posts and if IIRC, you're a fairly new nurse, right? In my 22+ years of nursing I've never had an employer as nutty as yours and I'm sorry you've had to endure all of this nonsense. She's a smear on our profession.

 

[bballmom56]

Maybe if the 7 of you got together, you could split the cost of a lawyer. As someone else said, maybe just the threat of it, or a letter from the lawyer would be sufficient.

How about small claims court?

 

[dakcp2001]

I will get paid.

And while speaking to the dept of labor, I am going to inquire about the way they skirt overtime. I am certain that must be breaking some laws. They dont pay overtime, instead you get a separate box on your check paid at regular time that says "Education" as if you took a class. They also ask us to go punch out and come back to finish up so we wont "get in trouble" for overtime. I have never punched out and continued to work, I dont work for free. Others do this regularly.

They recruit heavily from out of state, new grads right out of school. It is disgusting. I am hoping the group of us can at least do something to help those that come along after us from enduring the same crap.

 

[RadioFanatic]

In addition to the dep't of labor, I would bring them to small claims court. At least in NY, you do not need to have an attorney there if you don't want but a company is required to - it would cost them more to send an attorney than just pay you back. And if you win, at least in ny, you not only get what you are owed but your court costs too - good luck!

 

[dakcp2001]

Funny, yesterday I spent the whole day chasing my tail on this issue with no results.I called the manager, HR, payroll etc etc and everyone kept referring me in circles and no one could help. Last night before bed I sent an email saying I would call the Dept of Labor to sort it out, and wouldnt you know payroll called ME at 845am today saying it was just an error and they would cut me a check!!!

She said it will take a few days for direct deposit, or I could go pick one up in person for the weekend worked. The PTO will take until the next pay period.

Funny how suddenly they are in a hurry. I am telling the other girls that quit to do the same to get their money!!!

 

[jaminmd]

Funny, yesterday I spent the whole day chasing my tail on this issue with no results.I called the manager, HR, payroll etc etc and everyone kept referring me in circles and no one could help. Last night before bed I sent an email saying I would call the Dept of Labor to sort it out, and wouldnt you know payroll called ME at 845am today saying it was just an error and they would cut me a check!!!

She said it will take a few days for direct deposit, or I could go pick one up in person for the weekend worked. The PTO will take until the next pay period.

Funny how suddenly they are in a hurry. I am telling the other girls that quit to do the same to get their money!!!

Hmmm... they must be afraid their dirty little secret will get out!

 

[Disney Doll]

I would advise you to call your state's Department of Public Health...known to those of us in the medical profession as "The State". I am not sure if they have anything to do with the hiring/HR practices of hospitals, but if they do, they'd probably be happy to hear about this.

I wouldn't let it rest, even if you are getting your proper paycheck. I would still tell my story and provide copies of the emails & other correspondence to whatever regulatory agencies you can and let them have at it. Obviously your former employer feels no compunction to do the right thing unless thier feet are held to the fire...so make the regulatory agencies hold their feet to the fire. If you can get the other recent "leavees" to do the same, that just gives the complaint more validity since it has happened to a number of people.

 

[aaarcher86]

After everyone gets their checks I'd still call the labor board!

 

[focusondisney]

After everyone gets their checks I'd still call the labor board!

Agree! I'd also suggest contacting the state nurse's association if you can find one. Sometimes they can help those still working there. Depending on your state laws, anyone working overtime should be getting overtime pay or comp time off. I would be surprized if someone doesn't start getting a union organizing campaign going. Good luck & I hope those still working there find the strength to demand to be treated better.

 

[JCJRSmith]

Funny, yesterday I spent the whole day chasing my tail on this issue with no results.I called the manager, HR, payroll etc etc and everyone kept referring me in circles and no one could help. Last night before bed I sent an email saying I would call the Dept of Labor to sort it out, and wouldnt you know payroll called ME at 845am today saying it was just an error and they would cut me a check!!!

She said it will take a few days for direct deposit, or I could go pick one up in person for the weekend worked. The PTO will take until the next pay period.

Funny how suddenly they are in a hurry. I am telling the other girls that quit to do the same to get their money!!!

Once you have all the money, call the Department of Labor anyway. If the threat of a call got them to act, they KNOW they are violating Fair Labor regs.

 

[Pakey]

After everyone gets their checks I'd still call the labor board!

I agree. Once they decided to terminate you by not accepting your 2 weeks' notice, the money due you was due you at that time. Not tomorrow, not the next pay cycle. The Dept of Labor will make them pay interest to you from your last date worked until the date you receive the moneys owed. It may not be much, but I'd get everything I could out of them.

I can't believe that there are still companies out there with such outrageous and illegal employment practices. Anything you do now can only help the poor individuals still employed there.

 

[Alphabetsoup]

I agree...eventhough you are getting your money -- you still need to report them to the State Labor Department AND whoever handles medical care licensing in your state. The Labor Department needs to investigate the whole overtime thing and the licensing group also has a stake in this if they are doing something illegal (even in how they treat their staff).

Go get 'em!! ) *grrrrr*