stressed in iowa

[stressediniowa]

What is the name of your state? iowa

My wife works as a Nurse Practitioner in a private OB?GYN office. She has worked there for about a year and a half. Throughout her employment she has never been writen up or been given a bad review. Recently, the ultrasound tech quit and my wife was asked to perform the ultrasounds. This is a technical skill that requires extensive training and is not in the scope of practice for a nurse practitioner. My wife refuse citing liability if she was to make an error. Since then, the Dr has not spoken to her and the office manager (Dr's wife) has been rude to her. It came to my wife's attention the office manager called their accountant to see how much money my wife was making for the office. The figure she was given was nearly a quarter of a million dollars since december. Now my wife is no longer able to see OB patients or the Dr's patients when he is called away, which is 90% of what my wife does. She was told today that what they are doing is trying to show that they are paying her more than she is bringing in. Here is what was brought up. The employee handbook says they urge a 4 week notice if you were to resign. It goes on to say that they can release you any time prior to the end of the notice and pay the employee for 4 weeks in lieu of continued service. The accountant said what they are trying to do is prove they pay her more than she is worth and terminate her without paying any severance pay. I guess my question is that if my wife is to give a 4 week notice, are there any loopholes for her employer not to pay her for those 4 weeks. My wife wants to submit her resignation before they can fire her, possible this friday 3-28-08. Any advice would be helpful!!!

 

[eerelations]

Legally, your wife's employer is not bound by what the handbook says. Your wife may resign with four weeks' notice, and her employer may legally let her go immediately, without paying any of the notice period.

 

[stressediniowa]

I guess I am confused that an employer can write a handbook but not be bound by it. This is word for word what the termination clause says.

Employees who intend to terminate their employment relationship with the Practice are urged to notify the Practice at least four weeks in advance of the intended termination date. Such notice should preferably be given in writing to the office manager. However, the Practice reserves the right to release the employee prior to the end of such notice period and pay the employee for four weeks in lieu of continued service.

That says to me we can let you go once you resign, but we will pay you for the four weeks. How can they not be bound by their own policies???
Thanks

 

[cbg]

As someone on another board recently put it, You can have a policy not to eat cupcakes on Fridays. But you can stop following that policy any time you want.

So can they.

 

[stressediniowa]

stressediniowa

I am getting a difference of opinion here....my attorney just called me with his opinion and he seems to feel the practice will be bound to the current language. This legal stuff is for the birds!!!! anyway, any feedback would be great

 

[cbg]

It is POSSIBLE, depending on state law and the EXACT language of the handbook, for a policy handbook to be contractual. It is rare, but it happens. Since we have not read the handbook, all we can tell you are the probabilities. An attorney who has read the handbook is in a better position to assess it.

 

[Zigner]

I am getting a difference of opinion here....my attorney just called me with his opinion and he seems to feel the practice will be bound to the current language. This legal stuff is for the birds!!!! anyway, any feedback would be great

You DO realize that, even based on the handbook information you posted, the employer can refuse to accept your resignation and fire you on the spot, right?

 

[stressediniowa]

stressediniowa

CBG.. you seem fairly informed on these issues. Is it true what zigner said about refusing a resignation and then terminating and employee. how can and employer refuse a resignation and then turn around a fire you. That to me seems like a way out for an employer to withold certain benefits. I also read in one of your other posts about salary vs. hourly and exempt vs. nonexempt. I was under the impression that if you were salary you were exempt. after reading your post it seem that is not the case. my wife was never told she was one or the other. How can we figure out which one she is. She works well beyond 40 hours per week and is never paid overtime. this says to me she is exempt or she works for shady employers. again thanks for your help.

 

[cbg]

There is nothing in the law which prohibits it. The employer could do that and it would not be illegal.

However, I would be more inclined to call that accepting a resignation effective immediately, rather than refusing a resignation and then firing.

Has the employer said or done ANYTHING to imply that they did not intend to honor the policy? You may be getting all worked up over nothing.

 

[stressediniowa]

stressediniowa

I am just trying to get my ducks in a row before my wife resigns. Her current employer has a reputation of being very vindictive when past employees have left. The writing is on the wall that they are trying to phase out my wifes position. I don't want to be counting on that extra paycheck and find out that they aren't entitled to pay it. She is bound by a no compete clause when she leaves and I just feel the practice should be bound by the policies under which she was hired.

 

[ecmst12]

If they refuse to pay the 4 weeks, or let her work it, your only recourse would be to take them to court. The lawyer you spoke to said your case was good, but there are no guaranties with litigation. Plus it can be expensive, and will definitely be time consuming. Just things to consider.

You might also want to ask the lawyer how binding that non-compete really is.

 

[eerelations]

...but there are no guaranties with litigation. Plus it can be expensive, and will definitely be time consuming.

ecmst12 makes a very good point here. You're gonna end up paying 'way more than four weeks' pay to get that four weeks' pay + it'll take 'way more than four weeks (more like a year at least) to get it.

 

[stressediniowa]

stressediniowa

I just got a second opinion from another labor attorney who backed up the first one in saying I have a very strong case. He went on to say that the attorney fees are recoverable because this is an example of earned income as per iowa law. Is anyone posting here an attorney, or just giving an opinion based on experience? Just curious because what I am hearing here totally goes against what I am being told. He also went on to address the "I refuse your resignation, your fired" scenerio and told me they can't do that. This crap is really confusing. Anyway, thanks for all of the input.

 

[Ozark_Sophist]

I just got a second opinion from another labor attorney who backed up the first one in saying I have a very strong case. He went on to say that the attorney fees are recoverable because this is an example of earned income as per iowa law. Is anyone posting here an attorney, or just giving an opinion based on experience? Just curious because what I am hearing here totally goes against what I am being told. He also went on to address the "I refuse your resignation, your fired" scenerio and told me they can't do that. This crap is really confusing. Anyway, thanks for all of the input.

It is confusing. Some of the posters who responded have experience which shows in the quality of their posts. I believe you got good advice. It may be possible for your wife to claim those four weeks in a lawsuit, but it will take time. The only person who benefits is the attorney involved--s/he gets paid regardless, so sometimes you have to gauge the experience of the attorney and how hungry they are (will they tell you what you want to hear until you give them a check).

IF she is not exempt, she may be eligible for back pay and overtime. That would probably be a bigger payoff than four weeks of severence.

 

[stressediniowa]

stressediniowa

NEW TWIST!!!

Well my wife tendered her resignation this morning at 9 AM. She had a brief meeting with the office manager and everything went well. She said she was very nice and understanding and thanked her for everything she has done for the practice.

Now the twist

When she returned from lunch there was a memo in everyone's box stating a new policy change. It went on to say that upon termination employees will be paid for only the hours worked once an employee resigns. If you didn't read above the old policy was to pay employees up to the resignation date regardless of when their last day actually was. My question is, is my wife "grandfathered" in under the old policy since she technically resigned under the old policy? This is nothing more that a way for the practice to withold benifits. Maybe i'm wrong. Its happened once before. any advice would be great