resigned and then told to leave before

[snk1101]

What is the name of your state? florida
Wife has been employed for 5 years at this office. We are moving and out of curtesy she told them as soon as we had a contract. Specifically 1 month before the closing. Everyone got a letter with the notice and a date of when her last day would be. Everything was fine. The head of HR, one week later, has now said that a months notice is not necessary and that friday should be her last day. Can she do this? She also said that since she already turned in her letter she should not be putting any overtime and she will not get paid OT of last week. Isn't this illegal?
Help!!
Thanks,
Josh

 

[Beth3]

They can invite your wife to leave any time they like and for any reason except a specifically prohibited one so yes, the employer may designate that Friday is her last day. No, they do not have to pay her the balance of her notice period.

As to your OT question, I assume your wife is a non-exempt (hourly paid) employee. There are NO CIRCUMSTANCES in which the employer is not obligated to pay a non-exempt employee for all the hours they work, including any overtime hours. (An employer may discipline an employee for working OT without authorization, for example, but the employee still must be paid.)

 

[snk1101]

what about

Thanks for the response.
She works for a doctors office and work specifically for the doctor. This woman just thinks she runs the place. Also, all saw the letter and agreed to the specified date. The overtime I was sure was wrong. Should I contact a lawyer?

 

[Beth3]

No. It's not necessary to spend the money.

I suggest you wife go to the senior person in charge (the doctor?) and inform him or her that the HR/office manager is refusing to pay her for the OT she worked last week which is prohibited by both State and federal law, and that she is hoping this can be handled internally and the balance of the wages due her will be paid immediately. This will almost certainly result in the doctor giving the HR person a stern talking-to for being so stupid and your wife getting her OT pay.

If it doesn't, then your wife should contact your State's Department of Labor/wage and hour division and file a complaint.

 

[snk1101]

thanks

Thanks for your help.