Garmin
12-20-2006, 06:23 AM
I submitted my resignation to my manager on December 1, 2006 and gave 3 weeks notice. A week before my final exit my manager asked me to come into his office so we could talk. A person I know asked me why I was leaving my position and I said I am leaving because I cannot push beds and sales to patients just to meet the numbers. My manager questioned me about this and I told him I am a patient advocate and my priority is the patient. He said be careful what you say and who you say it to because you are still an employee and I can fire you on the spot. I said this is how I feel and he threatened to fire me twice. I felt I had no other choice but to say to him I cannot work any longer for the company. He has degraded me several times in the past and I had to leave. No exit interview was ever conducted. I asked about receiving my wages, expenses and bonus. I am currently owed $738.00 for expenses which the company states they will get around to reimbursing me when they do. Some of this money has been owed to me since October. In the month of November, I well exceeded my goals for the month and am due a $1500.00 bonus. The company has not paid me this and I was told they don't have to now that I am leaving. I have accrued 31 hours of PTO time and the company states I am not entitled to this because it is accrued. And lastly, it has been over 6 days and I have not received my final pay for working the previous weeks. Help. Any advice?
Pattymd
12-20-2006, 09:29 AM
There is no wage and hour law that requires an employer reimburse business expenses you incurred at all. If you have some type of enforceable agreement that requires it, you MAY have a small claims case.
Generally speaking, a bonus plan MAY limit the payment of bonuses to employees who are in employment status at the time the bonus is due. What does the agreement say as to when bonuses are "earned"?
Massachusetts law does require that accrued, untaken vacation be paid with your final paycheck. I'm not sure in what context the employer is using the term "accrued", but it usually means "earned". Does the policy provide for "earning" vacation as you work, or all you granted your annual entitlement "up front" on a fixed date (say, January 1 or your anniversary date)?
When WAS your last day worked? MA law requires the final paycheck for employees who voluntarily terminate (quit) be paid on the regular payday for the pay period which includes your last day worked.
Garmin
12-21-2006, 04:34 AM
The company I worked for has a policy for reimbursement. Each week I sent in my expense reports and my manager signs them and forwards them to corporate. The company is having a cash flow problem and reimbursements are taking 6 to 8 weeks. As for accrued PTO time, the time accrued was given as we worked. It was never given as a lump sum. The bonuses (commissions) were given based on our meeting our assigned admission goals for the month. In the month of November, I was given a certain number of admissions I had to meet in order to receive my bonus. I well exceeded the number I had to meet. The bonus is issued in the last paycheck of the following month. I was paid biweekly so the last paycheck of December is due December 22, 2006 which will be my final pay period. Due to the cash flow problems this company has been experiencing, the september bonus was not issued until December 7th. When I submitted my resignation, I gave the date as December 22, 2006 as my last day of employeement; however, the way my manager was beginning to treat me, I could not work under those conditions so the last I worked was December 14, 2006.