Resignation Pro

Unused accrued vacation time - Resignation? I have recently quit my job and need to know whether I should fight for my unused accrued vacation time or let it go. The problem is my company has a "use it or loose it" policy when it comes to vacation time. You have to use all your vacation each year. I gave my resignation letter on Dec. 21, 2008 my last day of employment was Jan 2nd. I tried to fight this over and over with HR - that I should receive my unused vacation time, but they said it is a new year and I was supposed to have used it all. If I set my last day to be Dec 31, 2008 I would have received my all my unused vacation time which is seven days. ( about $1300 ) My argument to them was that I decided when my last day was so I suggested to them to only give me 5 days paid vacation time since they had already paid me for two days in 2009. They didn't budge. I did some research and this is what I found. Should I take them to Small claims court? Or are they correct? Is it worth the chance? Electronic Data Systems Corp. v. Attorney General, 440 Mass. 1020, 798 N.E.2d 273 (2003). http://www.nelfonline.org/cases/EDS%20v%20Attorney%20General.htm This case raises the issue whether the Massachusetts Payment of Wages Act, G.L. c. 149, §148 (“Wage Act”), requires an employer to pay employees for unused vacation time upon termination, even when the employer’s written vacation policy expressly disclaims any such payments. The Superior Court held that the employee’s unused vacation time constitutes “wages” earned under the Wage Act, notwithstanding the employer’s published policy to the contrary. In its amicus brief representing the Associated Industries of Massachusetts and the Retailers Association of Massachusetts, NELF argues that the lower court decision is inconsistent with the plain language of the Wage Act, which posits the employment agreement as the controlling authority on the subject of vacation benefits. The Wage Act merely enforces an employer’s contractual obligation to pay an employee’s regular compensation during an authorized vacation leave. Requiring an employer to pay for unused vacation time when the employment agreement disavows any such payments would violate the Wage Act and impose an unpredictable financial burden on the employer that would be contrary to the bargain between the parties. Moreover, courts from many other jurisdictions applying similar state wage laws have reached the same conclusion: a terminated employee has no right to receive payment for unused vacation unless the employment agreement so provides. NELF also argues that there are compelling policy reasons to allow an employer to treat unused vacation time differently from used vacation time. A paid vacation allows the employee to rest and recuperate and provides the employer with the benefit of a rested employee. Requiring the employer to buy back unused vacation time serves no such mutually beneficial purposes, because the employer receives no consideration for financing a former employee’s free time. An employer is also better able to manage the predictable cost of employees’ scheduled vacations than the unpredictable cost of paying employees for unused vacation time. Oral argument is scheduled before the Supreme Judicial Court in October, 2003.

Can someone help me write a resignation letter? OK I need to write a resignation letter but not just any one. My employer has only paid me for 20 hours once since I started on December 3rd ( I work in Loss prevention) I have sent a letter and talked to the supervisor and he said he would talk to accounting I still am not being paid, I need to quit without 2 weeks notice even though i have 3 days left on my schedule. I feel as if im providing a service for FREE! I work full time at least 35 hours per week they owe me alot. at this point I just need to leave ASAP Please someone help me write a letter that says in the letter also the main reason im leaving is because Im not being paid and it has caused me to -get my cell phone cancelled, ge bad credit and so much more THANK YOU all

I’d finished my contract on February 2008. Is it possible for my employer to impose me 1 yr immigration ban? My Name is Jennifer, I am an Architect and have been on a working visa for almost 2 years with employment visa as Graphic designer under the sponsorship of a Jebel Ali Free Zone based company. Recently, I've got a job offer from a government agency and I am planning to just finish my 2 years contract with my current post which will be on February 2008. I’ve filed a resignation letter last Dec.16, 2008, Immediately, the day after my resignation, a memo from the HR was sent stating that they will put a ban on employees who resign. Immigration ban they said for 1 year. My concern now is, if I extend my stay at the company until I’d finished my contract on February 11, 2008. Is it possible for my current employer to impose a ban on me in Labor or Immigration department eventhough I have finished my contract? The date on residency stamped on my passport indicates April 2006."

What is the most proper way to give your notice to an employer? I have worked at a school for almost 3 years and I am planning to give about a month's notice that I will not be working there anymore to attend a university and finish my degree. My boss is aware that I have been accepted to the University and that I attended an orientation recently. I didn't share with her that I enrolled in classes already that will conflict with my work schedule. I am dreading sitting her down and telling her I am leaving, mostly because I am afraid she already suspects it. I would rather give her a letter of resignation, but it is that improper ettiquette? Should I talk to her in person and then have a brief written statement letting her know my last day? I also want her to feel free to call on me to sub once in awhile and I am not leaving on bad terms or anything, but I just can't be responsible for running a classroom and taking a full university load, and even if I could, I just don't want to. I want to be a full time student. Any ideas? And what is more proper, face to face talk or typed resignation letter? Thanks!

What will happen to my employment discrimination case if I quit my current job? Here's my situation: I filed a complaint to EEOC 3 weeks ago. I am still employed in my current job (the subject of my complaint) but right now I am on a disability as per my doctor’s medical report due to mental anxiety and emotional distress i suffered due to a hostile work environment due to harassment, discrimination and retaliation in my workplace in Buffalo, NY. Can i submit my resignation letter while I am still on disability because I feel it is impossible to go back to work because of the hostile work environment and I feel they (management and co-workers) will further make retaliation because I made a complaint to EEOC. I am right now on a protected leave as per medical report submitted by my doctor (since March 22, 2010 to present) which is called the FMLA and its good for 12 weeks and runs out on June 20 but I lost wages and waiting for my work comp to be approved. I don’t want to finish my disability (FMLA leave) until June 20 so I want to quit and submit my resignation before June 20 telling my employer I am not coming back. What is the law for an employee who is on disability due to mental anxiety and I want to go back to work on full time but Not in my present employer. Will it affect my file records and will my employer put red flags on my file in case I submit my resignation letter while I am still on protected leave which is FMLA? Because I don’t want my employer to make charges or any form of negative reports against me and I want my HR file records to be free and clear from any kind of negative reports. Actually, I already applied to another job and I was interviewed and offered a job but I cannot work on this new job unless I am officially released from my current employer. I really want to get a new job where I will be treated fairly and at peace and gain respect from co-workers, because right now I am experiencing panic attack every time I am thinking about coming back to work to my current employer. I don’t have any income right now that’s why I want to get a new job. As soon as I submit my resignation letter, let’s say on June 06, 2010 and will take effect on June 20, 2010 will that be considered also as my 2-week notice (just to comply with the employer policy on giving notice), even if I am still on disability leave? Or do you think I am really required to submit 2-week notice when in fact I am on FMLA leave? I am confused on this issue. As soon as I submit my resignation letter, by law, do I have to wait for the written response of my current employer approving my resignation letter? What if they just ignored my resignation letter and I did not received any response at all, can I proceed and accept the job offer with new employer? How will it affect my complaint filed at EEOC in case I quit? Will it make my case stronger or weaker? Or do you think after my FMLA runs out on June 20, I just go back to work and be patient to endure the hostile work environment until the final verdict comes from EEOC? Will the EEOC continue to process and make progress investigation (until the final outcome of their verdict) even if I am no longer working in my current job which is the subject of my complaint? When I try to think about it, I just don’t feel leaving my current job of 4 years just like that because of the benefits and pay they provide, and if I start a new job it will not give more pay and not much benefits because it is an entry level position and I will lost my seniority in my current job. Please, I need your help for some expert advice on what I am suppose to do based on the given situations above. Thank you.

To HR rep, I was terminated from my job, and forced to resign from my job. Advice? On Friday I had my SEPAP performance evaluation on a job I started 3 months ago. The same thing was done to me as the past 2 employees in my same position. They were also told they were being terminated in 30 days, or submit a resignation letter so the current employer reference if a potential employer calls her for a reference will be "the employee resigned." So they both submitted their resignations, not having a choice. There is no winning there. The VP of HR backs up my manager who is the Director of HR. No one has the courage to know there is a problem in HR and do anything about getting rid of the Director of HR. 1) I submitted the resignation letter since she told me I am being terminated, last day 12/23 2) I am then free to apply for other positions within the university. 3) I checked the box on the SEPAP form "I do not agree with this performance evaluation". 4) By Wednesday I need to submit my typed statement to my director which will be attached to my SEPAP performance evaluation. Instead of writing a detailed explanation on why I do not agree with her on each item and point, I am going to attach this statement to my evaluation: "I would greatly appreciate any potential employer to contact me directly so that I may address any questions that you may have regarding anything in my performance evaluation. I can be contacted at the following phone number" Tthe potential employers who have access to my performance evaluation and employee file are only other departments within the university, if they request it. External companies would not have physical access to information on my evaluation in my employee file. At least I have more of a chance of obtaining a neutral reference from her. What do you think about this? If I do that, I believe it will be better than contesting her on each point and attaching that to my performance evaluation because then if I contest her on my typed attachment on each point, I guarantee she will become extremely angry after reading it and retaliate without giving me a neutral reference, and will definitely give me a negative reference. I have received over 15 individual employee performance awards from my past employers over the last 10 years. Thank you in advance to anyone who has been in this sitatuation, or any Human Resources representative.

Visa cancelled but boss still requires me to go to work...need help? Here in Dubai, I am working for a small LLC company. Because of the work hour requirements of the job, I had no choice but to quit. I only lasted for almost a year. And I dont know if this helps, but I paid half of my visa expenses through deferred payments deducted on my salary. I passed my resignation letter stating that my last day will be on Jan31 next year. I might be going to New Zealand through a sponsorship sent by relatives. Today, my boss told me that he will cancel my visa on January 15th and he told me that I will still go to work until January 31st even though my visa is already cancelled by then. I am really reluctant to do that because I am planning to spend a couple of weeks with my friends here in Dubai. I wanted to make up for the numerous times I missed their get-together invitations, parties. And I know that as shallow as it sounds, but this is kind of important to me especially that my job requires me to go to work on a 12-hour shift (that sometimes stretches to 13-14 hours) EVERY SINGLE DAY! My question is can I refuse my employer to work after my visa is cancelled? Because if I am not mistaken, once an employer cancels his employee's visa, he is freeing him from the job, that his employee is not allowed to go to work anymore (legal-wise). I need some insight here. Thanks to all who will give advice.