no warning

[Rustywreck]

What are my chances for success in suing an employee who quit his job without notice, forcing me to work additional hours without pay (I'm salaried) and miss personal engagements?
It is that employees actions that force me to miss personal activities and to work hours for which I am not paid. I believe he should be held accountable for his unethical, irresponsible actions.
Thanks for the help

 

[I AM ALWAYS LIABLE]

My response:

Yes, you're right.

He's an indentured servant, a slave, a serf to his employer, and had absolutely no right to ever quit his job because it would inconvenience you, your employer, and everyone else in the chain of command.

How dare he do this to you !

Who are you anyway? The "poster boy" for Jefferson Davis, President of the Confederate States ?

I've got news for you. Lincoln freed the slaves, and no one is indentured to their employer's servitude any longer - - ever since 1865.

If you're a salaried employee, then that's the deal you made with your employer. You knew what that meant, and you knew that putting in more hours would not only mean no more pay, but could and would cause you an inconvenience in your private life. Don't like salaried work ? Get a job where you punch a time-clock.

And besides, you have no standing to sue a fellow employee in this type of an instance anyway. You answer to your employer, and he, likewise, answered to your employer. If you've got a complaint against anyone, it's your employer because that's who you're "in privity" with; not the other employee. He doesn't have to work for your employer if he doesn't want to.

Live with it.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-19-2001 at 01:54 AM]

 

[Rustywreck]

Mr. "Liable,
Have you read the Forum Rules?
I find your comment to be very insulting and disrespectful.
I asked a question, not for your opinion of myself.
A simple "no" and perhaps an explanation would have done nicely. Your insults were not needed.

 

[I AM ALWAYS LIABLE]

My response:

There were no insults. I just wanted you to see, vividly, the folly of your question.

Oh, I helped to pen those rules. If you saw insults, it's probably because you're thin-skinned. I cannot help you in that department.

IAAL

 

[Rustywreck]

How can you not see your reference to me as "poster boy for Jefferson Davis..." not insulting?
Look, I work for a non-profit ogranization which provides services to people with autism.
My employee was supposed to report to work and would be the staff responsible for meeting our clients upon their return home.
The people I mention are not capable of taking care of themselves and, therefore, not safe home alone.
This staff person didn't show up. He didn't inform anyone that he wouldn't be there when he was supposed to.
By doing so, he left two very vulnerable people at risk. I happened to stop by on a chance so they did not come home to an unstaffed house.
This isn't a Burger King where there is simply an employee missing; rather, he is the only person at that time and day.
I don't see the comparison between expecting people to uphold there agreement to show up for work to be simillar in anyway to slavery - that's idiotic.
Consider this: If your child was in need of surgery - all prepped and ready to go. Then, the doctor doesn't show up, he decided to quit. Would you have the same "live with it" attitude?

 

[I AM ALWAYS LIABLE]

How can you not see your reference to me as "poster boy for Jefferson Davis..." not insulting?
Look, I work for a non-profit ogranization which provides services to people with autism.
My employee was supposed to report to work and would be the staff responsible for meeting our clients upon their return home.
The people I mention are not capable of taking care of themselves and, therefore, not safe home alone.
This staff person didn't show up. He didn't inform anyone that he wouldn't be there when he was supposed to.
By doing so, he left two very vulnerable people at risk. I happened to stop by on a chance so they did not come home to an unstaffed house.
This isn't a Burger King where there is simply an employee missing; rather, he is the only person at that time and day.
I don't see the comparison between expecting people to uphold there agreement to show up for work to be simillar in anyway to slavery - that's idiotic.
Consider this: If your child was in need of surgery - all prepped and ready to go. Then, the doctor doesn't show up, he decided to quit. Would you have the same "live with it" attitude?

My response:

Comparing you to Jefferson Davis was an accurate comparison - Davis wanted to continue "forced work", and you want to enforce the employee's continued forced work through a lawsuit. Davis wanted to maintain the same system as you. If you don't see your questions and concerns as wanting to maintain the same form of system, then you are blinded by your own emotions.

Don't misunderstand me. I'm not applauding the employee for having abandoned his job without "Notice". That was wrong and discourteous to do to you, your employer, and everyone else concerned. But, a failure to demonstrate courtesy is not actionable - - which is something you wanted to enforce.

Unless the employee had signed a contract with your organization for a specific term, and for certain conditions, then he had no duty whatsoever to continue to work. Make sure that the next employee signs a contract. Then you'll have something to "enforce".

Comparing surgery to what you do for a living is comparing apples and oranges - - so I won't address that comparison, except to ask, haven't you ever heard of hospital worker labor strikes ? And surely, hospital workers and nurses are in a far more touchy situation - - especially when they stop working.

IAAL