Advice please!

[CuriousAlice]

I am a resident of Alabama, and a former employee of what I thought was a prestigious law firm. After several months of medical leave, I returned to work for this attorney and worked about three and a half weeks. After this time, I realized there was no way I could continue my employment due to personal reasons. I turned in my notice and gathered my things.

However, I was in such a state when I left that I neglected to gather all of my personal belongings. I asked that a co-worker be allowed to gather them for me and was denied. Then I asked if I could come and get them, and was denied again. The items in question are roughly estimated to be worth $500. (it was an Ipod with components, a jacket, purse, and a few other random things) I was denied because they claimed I owed money for insurance they covered while I was on medical leave, and I would not be allowed to collect my things until they received the money "owed". I also should have received a full 10 day paycheck as well as a 5 day paycheck. I never received a check stub or even a statement regarding this money, and was told by the attorney that it was applied to the insurance money that I owed. After several attempts they will not give me a balance of what they claim I owe, they will not give me any pay stubs or accounting of the balance and what was supposedly applied, nor will they budge regarding my personal items.

I was told by the police and sheriffs department I could go in with a police escort to retrieve my belongings, however this attorney works with both the police and sheriffs department on a daily basis and they prefer not to become involved. A police officer told me that even if they escorted me, if the attorney did not want to give me back my things I would have to take them to court. I called a couple of lawyers and was told that though I am in the right, they would not take my case due to the "prestige" of my former employer. I know I can file something regarding my last paychecks, but apparently the cost of doing so is around $300. If I have to spend that much to get my last checks, I would prefer to spend it on an attorney who will be able to get my things returned as well as clear up this insurance matter. I need advice and am not sure where to turn, please help?

 

[Hot Topic]

You were out of the office for several months, returned for three and a half, then quit. Being out that long wasn't your fault, but how did you expect the attorneys to react?

If the property was so valuable, why didn't you take it with you when you left the office to go on medical leave? Why didn't you start taking it home when you first realized you didn't want to stay with the firm?

Ex-employers don't like to let former employees back in the building because computers are sometimes sabotaged and other employees' possessions removed.

Just my opinion, but I don't think your case was turned down because of prestige or familiarity. I don't think the attorneys figured they could make a enough from the case to make it worth their time.

Regarding the money owed, I think you should go the Department of Labor in your state and file a claim.

You might try the bar association and see if there are any attorneys who work pro bono (free) or for a small amount.

 

[CuriousAlice]

Thank you for replying!

On the first point, I honestly did not expect the attorney to care very much. For one, during my medical leave they laid off around five people and I was told off the record by my supervisors secretary that I was on the list to go next. Alabama is a state where employment is "at will" and therefore I could have been terminated without reason or notice anytime at all, and I can terminate my employment for any reason with or without notice. I had also been told that the supervisors were very unhappy with me because of my medical leave, even though it was not planned. (it was not maternity leave or any type of workman's comp issue). I honestly never expected them to be spiteful and unprofessional.

As to the second point, it was actually my entire purse that I left. Stupid, I know. I did actually collect all of my other things on the day I gave my notice. In carrying out my boxes I left my purse! I never expected them to allow me back in the building and especially back to my desk/cubicle but they could have handed it to me at the door at least?

Also meant to add- though I stated it was personal in my first post, the reason I could no longer work is that I am still not fully healed from my surgeries and could not handle the pressure. Obviously with all the drama, I realize I should have had my doctor extend my medical leave. However between the pain, extreme stress, workplace hostility, pending marriage, pending move...yadda yadda yadda... I thought I was doing the right thing by simply terminating my employment.

 

[csi7]

You can report the attorney's actions to the state bar association.

 

[Hot Topic]

You can report the attorney's actions; however, the Bar will not discipline him unless something he did violates their code of conduct. Being unhappy that the firm is going to go without a valuable employee for months is not a violation of the code of conduct.

I don't see not allowing an ex-employee to go back to the office to retrieve their possessions as a violation of the Bar's code of conduct either. What I would do is offer to pay for the boxing and shipping of the possessions to me.

You need to contact the labor department about the money you're owed.

By the way, your supervisor's secretary acting unprofessionally in telling you that you were "the next to go." I'd report her. She should learn to keep her big, fat mouth shut unless the next information she wants to relay is her time waiting on the unemployment line.

Interesting that you left your Ipod with components behind. That should have been one of the first things to go in a box. Presumably, your ID, money, credit cards, etc., were in your purse. How did you manage without them?

 

[CuriousAlice]

Thank you for the information regarding possibly reporting him to the bar. I understand they will not discipline him unless he violated their code of conduct. I -do- think that the keeping of my things is considered theft, and as such should be a violation somewhere of something. (surely?) It is a good idea to offer to pay for the boxing and shipping of my things, I will do that next. At least it will offer one more point of documentation that I asked and was denied my things if they decline the offer.

As for the other items in my purse, I am one of those odd people that do not believe in credit cards. My drivers license and vehicle insurance are always kept in my vehicle. My health insurance card is carried by my husband because as previously stated I have a bad habit of misplacing/leaving/losing purses. As for money, I had about $5.00 and a handful of change so the amount was nearly negligible.

I had thought to explain to the attorney about his secretary and her loose mouth, there are many many things she would tell other employees that were supposedly not supposed to be known. I honestly did not want to stoop that low however, as stated previously I just never expected all this spiteful drama. If I thought at the time of giving my notice that this would happen I would have been singing like the proverbial canary. I am privy to a great deal of private information that involves various employees and could use it in a very vindictive manner...but I believe in karma, and if I cost others their job when I voluntarily gave up my own... well let's just say I don't want that on my conscience.

I have another question now too. You suggested that I contact the labor department regarding my last checks, do you know anything of the legality on their claim of "since she owes us money for insurance we keep her checks?" If they can legally do this, there is probably not much use in my pursuing that end of things.

I am just still reeling, so confused...and I feel like the worlds biggest A'hole for leaving anything there in the first place.

 

[Hot Topic]

They can't legally keep your checks because they've decided that you owe them money. Call the labor department and explain the situation to them and work from there.

I hope you apply for unemployment insurance even though you might not get it because it was your decision to leave. The law firm would have to prove that you owe them money, plus reveal that they're holding your checks.

 

[CuriousAlice]

Thank you so much. That will be my first order of business tomorrow. I really appreciate it.