- May 9, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Escalating Situation at Work
Working at a large company can be challenging, especially when it comes to navigating difficult situations with management. Recently, I informed my boss about a potential job offer and inquired about the payout of my remaining PTO. However, what ensued was a tense conversation with HR and my boss regarding my resignation.
Instead of being able to negotiate a smooth transition, I found myself in a situation where my boss was prematurely declaring my resignation and pressuring me to submit a document outlining my remaining tasks within a tight timeframe. This left me feeling unsure about my next steps and concerned about the implications for my career.
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****** just grabbed a
“I will be working on assigned tasks per managerial direction.”
If he ends your employment prior to a resignation date that you have chosen and notify them of, then he is effectively firing you, regardless if he wants to pretend he is just “choosing” your resignation date. Since you are in an “at-will” employment state, he really can just legally fire you if he wants to do so, though it is also possible HR/company policy may not give him the sole authority to take that action.
Sounds like you opened your mouth too soon
You need to decide if the PTO payment is worth it staying. To allow yourself the breathing room to decide. I would craft a document outlining to the best of my ability what he wants. A hostile boss is not the same as a legally defined hostile work environment.
If your boss sends a date with a resignation with a date that is to the disadvantage of your PTO, immediately send a correction and copy HR stating you are not resigning. (Don’t give a new date— just not resigning). Make them fire you.
Since you’re in Massachusetts, they have to pay you the PTO balance as wages. Perhaps they’re considering immediate termination of your employment. This lowers how much they need to spend on you.
Can you have another meeting with HR? You sound like you’re being harassed.
Assuming you don’t have an employment contract, you can be fired at any time for any reason (other than membership in a protected class). You’re welcome to announce that you’re not resigning until a certain date, and your boss is free to fire you prior to that date.
For most purposes, the difference is irrelevant. You can’t collect unemployment when you start your new job, and you would need to wait a week to start claiming in MA anyways.
Every email of his that you reply to, BCC HR
Not sure how your PTO is classified.
Massachusetts law accrued holiday and vacation time must be paid out as part of last check.
[https://www.mass.gov/info-details/massachusetts-law-about-vacation-leave](https://www.mass.gov/info-details/massachusetts-law-about-vacation-leave)
You told them you are leaving. The employer is not required to keep you on for 2 more weeks. They can have you leave immediately. This is legal.
This is why people should be prepared to leave immediately when their give their notice. You have exercised very poor judgment in notifying your employer of your intent to leave before you have even stayed long enough to comply with your signing bonus time period. You will likely need to pay that back.
Notice isn’t a legal issue for the most part. You’ve quit. They’re always free to say thank you, we accept as of now. Most states have a waiting week and then you’d be eligible for unemployment from that point until you wanted to be your end date.
Trust me, they don’t want to fire you. They can’t resign on your behalf – it doesn’t work that way.
You simply state it is beyond his authority to set YOUR RESIGNATION DATE. If he wishes to fire you that is his right.
Obviously, the lesson is to use your PTO and then put in your notice and never mention to your boss that you “might” be quitting until you actually do quit.
So when you told your boss that you needed to figure out your last day based on your remaining PTO, you effectively resigned.
Tell him you will write the doc right after you call the state Department of Labor to clarification around your payouts under your circumstances.
If I were you I wouldn’t go back as long as you have enough PTO to get you to where you need to be. Go see a doctor tomorrow. You’re not going to have any positive interactions with your boss from here on out.
You fucked up by resigning before getting that signing bonus – should’ve waited another week or two. I would say or do whatever they want in order to maximize the Bonus and/or PTO payout ahead of leaving, even if that means not taking any PTO.
Reply with: “I’m am happy to do whatever work is assigned to me until the date I gave you for resigning*. Here is a list of the work that I am currently aware of that I plan to do. If you would like to add to it or change it, let me know, and I’ll do my best to accommodate. If the company wishes to terminate my employment at any point ahead of my stated resignation date, I will consider myself to have been fired and apply for unemployment compensation.”
I would also synch up with your HR rep to wonder whether they approve of your boss threatening to revise your resignation date since that might imply the company is firing you. Your boss isn’t going to revise the resignation date without HR agreeing to it, but it may be entirely legal and give you no recourse if they just decide to move up the date and fire you, leaving you without any PTO or the bonus. Depending on the size of the bonus, you might want to consult a lawyer to see if you have a case to claw it back if they do that.
never ever tell anyone official and until you research your rights. Of course they’re going to try and get you out the cheapest way you can. Reach the employee handbook, figure out what your rights are and take this as a lesson for next time.
I would contact your HR Representative and let them know your manager has made this a hostile workplace since they found out about your possible resignation.
I dont see this at the top of the comments so I’m gonna put it here now. Priority #1, formally accept the job offer. Let’s not lose the big picture here.
“I have not resigned. Am I being fired?”
This is why sometimes it’s better for you to burn the bridge down rather than them burning it with you on it!
Way to play yourself. How old are you and is this your first big boy job?
You quit. He is telling you he accepts it immediately unless you do what he asks. Even if you argue you didn’t officially quit you told him you are quitting, which is basically the same thing.
When you give notice an employer has no obligation to accept that and can accept your resignation at any time.
My advice? Walk out. Forget it and move on. You will never get paid for the PTO at this point. You will spend more time and stress than it’s worth. Go make your new job all it can be for you. Lesson learned.
imagine getting emotional over someone leaving a company and protecting the companies money when youre just an employee too and then you wonder why you fucking suck and live a shit existence.
2 letters… H.R.
Any medium or large company will have stated rules about this in the employee handbook. Unless you are working for some small Mom & Pop business there is a standard policy.
Lot of crap advice in here. I’d just fill HR in since they actively do not want to get in legal trouble. Just fill them in with what’s going on and how it’s become a hostile work environment under your manager. Ideally they help calm things down to mitigate risk and maybe if he fires you everything gets paid out anyway
Take your PTO, let him fire you, and collect unemployment
I would email my boss and hr. Tell them that after reading the fine print of the other offer you have decided to stay. You need to use X number of hours of pto right away due to unforseen personal matters. Then when you come back, polietly send out the resgination email with your set date on it. Or, if you have enough time, and the pto is approved, send in the email with 2 weeks left of your pto. Do not forget to take all your personal items before taking the pto. I have seen things go ” missing” when company employees do the packing.
lawyer. lawyer now. get employment lawyer now.
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This is your manager pulling all this crap, right? Has HR and his manager been looped into this email chain? That would be my first step. A simple ‘please see below and advise’.