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Adverse consequences?

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A

adrianne.moore

Guest
What is the name of your state? FL :mad:

This Monday, the 24th, I turned in my letter of resignation giving the 2 wk's required by our Company policy in the Employee manual. However, my immediate Supervisor has told me that I MUST finish 2 projects before I go. I may or may not be able to complete them and do not feel the need to extend my stay to complete them. According to the policy, not giving the 2 wk's notice would allow them to not payout my final vacation time, but there isn't any mention of completing assignments. Do they have any right to go ahead and withhold my vacation pay for this?

Also, it seems as though the separation is not going to be a very friendly one. If I find out they're giving negative job references to my new prospective employers, can I take any action?
 


K

krispenstpeter

Guest
If you haven't completed the project by the end of your two-week notice then you are not under any legal obligation to remain.

If they make a negative reference regarding your two-week notice they are not breaking the law if they say "He/she had some projects we requested be completed before he/she left but he/she refused." In this case, you would have no recourse since it's the truth.

I suspect you're in IT which means that you're likely going to find it hard to find another job/contract on this basis. If the project isn't that complicated simply offer to bring someone else up to speed or, if it won't take long to complete them, agree to complete them before leaving but ONLY these projects and no bug fixes and/or upgrades.
 
A

adrianne.moore

Guest
Thanks for your reply. No I am not in IT, I am an accounting clerk/payroll bookkeeper/contract specialist/etc....
But my concern is not so much that I would legally have to stay to finish the project, but that they would be legally allowed to withhold my vacation pay if I don't finish the assignment. Which by the way, the assignment has been done by another accounting clerk, but somehow now it has landed on my desk.
 

cbg

I'm a Northern Girl
The state of Florida does not require an employer to pay out vacation time on termination. It is entirely up to the employer whether and under what circumstances to do so. So yes, they can legally withhold your vacation pay.
 
A

adrianne.moore

Guest
Even if it's a written policy in the employee manual? They can still withhold my vacation pay? Then , that means that following the policies and procedures in the employee manual isn't really necessary then? If the policy is to give 2 week's notice then, I didn't really need to give it? They can still not payout my vacation?
 
K

krispenstpeter

Guest
Policy is just that. POLICY. It is not law. A company is free to pick and choose which of their own policies they will comply with and which they will not.

Quit acting like a punk and start acting like a responsible adult.

You have your answers. If you want more hire a damn local attorney.
 

cbg

I'm a Northern Girl
IF the policy guarantees that vacation will be paid out in ALL circumstances AND IF the handbook is written so poorly as to constitute a contract, then MAYBE they would have to pay it out. But if the handbook does not constitute a contract (most don't) OR if the policy allows for circumstances in which it will NOT be paid out, then you are SOL.
 

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