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  1. #1
    Join Date
    Dec 2017
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    Position Eliminated but forced to Stay and ateain

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

    Hi! I found out today that my position as receptionist was eliminated from my company due to budget cuts. I reported to an HR director and my time at the company was spent being and office manager and trainer because there was no one else to fulfill those duties.

    At the time of my lay off my boss gave me an end date 1/29 and said within that time I should interview and train.

    I’ve trained the admins of my duties, but I recently requested PTO to go on an interview and was told no. And if I take it I would forfeit severance, unemployment, and I wouldn’t get a pay out for unused PTO which all of I was offered at the time my supervisor told me I’d be let go.

    My boss doesn’t want me to take the requested day off because the admins complained and said they need my help that day.

    I haven’t signed anything. I was only verbally given notice of my lay off and quick run of what I’ll get. Which is severance and pay out of unused PTO,and unemployment.

    What are my rights? Do I have to train? Can I leave for interviews or will I no longer get unemployment and severance.


    Last edited by Cdez17; 12-05-2017 at 12:01 AM.
  2. #2
    Join Date
    Aug 2015
    Location
    Phoenix, AZ
    Posts
    4,242
    As long as you are still being paid you do what your boss tells you to do.

    Though I doubt that your boss has any control over unemployment compensation.

    And there may be laws about earned PTO.

    But there is certainly no obligation to pay you severance.

    See if you can arrange your interview after work.


  3. #3
    Join Date
    Jun 2017
    Posts
    1,894
    I'm long out of HR but agree with adjusterjack ...for now you smile and do as your boss directs/requests ...

    IF you become insubordinate you might easily be fired and UC PTO and severance get lost . ...Do not go there,

    Texas is rather employer friendly ...and severance and PTO are very much in employers hands ...and oral promises may have very limited strength ....and "promises" made in employee handbooks may or may not reliable as enforceable ....smart not to test them


    I'll leave it to current practioners to comment on if an announcement you will be laid off in 2 months constitutes a layoff in TX .

    IT might seem unfair to tell you are being laid off then deny your use of PTO to go interview ...but employer is.not required to be fair as you see it...bite your lip and schedule interviews at other times ..most other employers will @ understand "


  4. #4
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    38,143
    You have the right to leave any time you want. However, your employer has the right to withdraw severance; in your state there is not an across-the-board requirement to pay out PTO; and while it won't be up to your boss I am by no means sure that walking out almost two months before a verbal notice of layoff, because you aren't granted one specific day off, will qualify you for unemployment.

    Barring a legally binding contract or CBA that expressly and in so many words says otherwise, and with a very few medically based exceptions, there are no circumstances under which an employer is required to allow you to take time off. It is always up to the employer whether to grant time off or not; it is not a protected right to take it at your pleasure. With the same exceptions, on any given day your job is whatever your boss says it is. If he says your job is to train, then your job is to train.

    Without knowing the specific circumstances and why you are needed that particular day I can't say if the employer is being reasonable or not. But he is not violating any laws or any protected rights.


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  5. #5
    Join Date
    Dec 2017
    Posts
    2
    Quote Originally Posted by cbg View Post
    You have the right to leave any time you want. However, your employer has the right to withdraw severance; in your state there is not an across-the-board requirement to pay out PTO; and while it won't be up to your boss I am by no means sure that walking out almost two months before a verbal notice of layoff, because you aren't granted one specific day off, will qualify you for unemployment.

    Barring a legally binding contract or CBA that expressly and in so many words says otherwise, and with a very few medically based exceptions, there are no circumstances under which an employer is required to allow you to take time off. It is always up to the employer whether to grant time off or not; it is not a protected right to take it at your pleasure. With the same exceptions, on any given day your job is whatever your boss says it is. If he says your job is to train, then your job is to train.

    Without knowing the specific circumstances and why you are needed that particular day I can't say if the employer is being reasonable or not. But he is not violating any laws or any protected rights.

    Good advice. I was offered another position yesterday and gave notice today that my last day would be Friday.

    My boss was very upset claiming I have so much more training to do. Remember, Iím a receptionist and my position has been eliminated. Why on earth would it take so long to train these women on programs and applications they should already know? I had to learn it myself because they never cared to.

    My boss asked if I would mind coming in on weekends....I told her Iíd think about it.


  6. #6
    Join Date
    May 2004
    Posts
    76,817
    Quote Originally Posted by Cdez17 View Post
    Good advice. I was offered another position yesterday and gave notice today that my last day would be Friday.

    My boss was very upset claiming I have so much more training to do. Remember, Iím a receptionist and my position has been eliminated. Why on earth would it take so long to train these women on programs and applications they should already know? I had to learn it myself because they never cared to.

    My boss asked if I would mind coming in on weekends....I told her Iíd think about it.
    I have to admit that I wondered myself why your boss thought that so much training was necessary to take over the duties of a receptionist.

    If you decide to come in on weekends, make sure that you negotiate a significant compensation package for doing so, and that you get it in a written contract.


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