Boss threatening to make wife unemployable if she resigns

[Spellbound]

What is the name of your state (only U.S. law)? FL

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My wife requested a few days off work next year to attend a family member's wedding, but was denied due to other employees taking time off at the same time.

The boss took her to one side and said that she knew my wife really wanted to go, but that if she put her two weeks notice in anywhere near that date, she wouldn't be allowed to work the two weeks and would be written up. She was also told that she would be "made unemployable" (both at this company and any other that called for a reference).

We're wanting to move away from the city around the time of the wedding anyway, so it was always the intention to resign if she couldn't get time off. Now there's a concern that she'll have to resign a lot earlier, which would leave us short financially.

Is there anything we can do about this? Is it even legal to threaten an employee like this?

 

[mlane58]

She can resign and find another job as you planned. First of all, the employer isn't obligated to provide your spouse with vacation and since they do, the employer can dictate when and how that vacation is used.

 

[Spellbound]

Not getting the vacation isn't really a problem, it was more the threat that she would be made unemployable if she chose to resign.

 

[CourtClerk]

Not getting the vacation isn't really a problem, it was more the threat that she would be made unemployable if she chose to resign.

Then she should probably begin her job search and secure a job BEFORE she resigns.

 

[Andy0192]

Not getting the vacation isn't really a problem, it was more the threat that she would be made unemployable if she chose to resign.

That little thing called the 13th ammendment outlawed most forms of slavery - so unless your wife is a convicted inmate, she can leave her job any time she wants.

She certainly doesn't have to use her old boss or her old job as a reference, though a new employer might want to know why - and she should have a ready-made response that is factual & not emotional.

It's not illegal to say that your wife won't get a good reference. It is illegal to slander her good name, but do some research on how difficult it is to prove slander or libel in a court of law & collect for damages.

 

[mlane58]

Not getting the vacation isn't really a problem, it was more the threat that she would be made unemployable if she chose to resign.

Stiil not illegal.

 

[commentator]

Your wife can leave any time. Just leave. The concept of two weeks notice is to assure that the company pays out the vacation time and or any other benefits it promises to those who give such notice. This would usually be in the handbook or hiring contract. It is a courtesy to the employer, which usually, when dealing with a professional and ethical organization will cause you to get a better reference.

However, since this is an "at will" state, the employer can tell you to get out as soon as you give him that two weeks notice. Some employers say they do not want to keep a disgruntled short-time employee on the premises. Or he can keep you, and actually reduce your salary for those two weeks to minimum wage, cut out your insurance. (This has been done!)

What difference it would make if she were "written up" for giving her two weeks notice I cannot see. Maybe the employer thinks he will then tell future employers that she was "written up," and that this will blast her chances of re-employment.

I also would be looking diligently, without telling her employer anything, for another job. If she could just leave, go to another job, then any sort of threats, libels, or other behaviors by this old employer would be useless.

She must be pro-active while interviewing, prepare the potential new employer for the possible bad behavior of the former employer. Be professional, not emotional, and she will receive the points for having handled this immature bully in a mature and professional way by moving on.

However, why would she "have to resign" a lot earlier? If she does not find a new job, she should certainly stay at this job until they fire her. Resigning instead of being fired does not, in contrast to popular opinion, look better on your record. Staying till you are fired usually helps you qualify for unemployment insurance, as when someone fires you, they have to prove that they had a valid misconduct reason to do so. If you quit, it was always your personal decision to do so, and you may not qualify for unemployment benefits if you have not found another job. Likewise quitting to move to another area. Not usually a qualifier for unemployment. She needs to stick here as long as she can, or until you move.

In fact, if she's still working at the time when she needs to be off for the family event, she needs to keep the documentation of the requests she has made for the time off, as well as the responses of the employer. Then if he actually terminates her for taking this time off, she will have some documentation and valid proof that she tried to follow accepted procedures and that perhaps denying her this leave was not reasonable.