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Two weeks notice not paid out after HR emailed they would Maryland

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  • Two weeks notice not paid out after HR emailed they would Maryland

    I put my two weeks notice in on 2/5/17. It was emailed to my supervisor and we talked via email and over the phone about it on the 5th via email and via phone and email on the 6th. On the 6th of February, my anxiety level was high because I was very apprehensive about putting in my resignation. The apprehension was due to the fear of how my supervisor would react as I had witnessed him become vindictive when women or people of color put their notices in unexpectedly. I emailed him later the evening of the 6th to let him know that due to my anxiety, I would need to go home and run checks in the morning. My leasing consultant had to try her best to calm me down. He emailed and text that was fine. Due to the sheer exhaustion of confronting him in regards to my resignation, I retired very early that evening of the 6th of February. I woke up to a text from my supervisor from the night before telling me to just stay home as he was concerned about my health and wanted me to get well. I am mediately emailed HR to make sure that I would get paid throughout my two weeks notice and all of my PTO time. I received a swift response from HR saying that I was correct and would get the pay out as well as the PTO time and was told that they were disappointed that I would no longer be working for the company. On March 1st when I realized I didn't receive the amount due, I reached out to HR. I was told that they would find out and call me back in an hour. After two hours I called them back and was sent to voicemail twice. I emailed them as well and told them I wasn't concerned about the $150.00 cell phone reimbursement, just the two weeks pay and the PTO. On the 2nd of March, I received an email that I was involuntarily terminated on the 6th due to the checks not being scanned and an invoice not being entered in November. The email also said that I was notified of ths on the 10th of February but it was sent to the wrong email address. I have never had a verbal or write up I still have yet to see these write ups. Do I have grounds for a case? The employee handbook also states that if a two weeks notice is given, the employee will receive their PTO.

  • #2
    What kind of "case" are you asking about? What kind of "case" do you believe you have?

    (Real question. I can think of several different ways your question could be interpreted and the answers are not necessarily the same for each.)
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      What kind of "case" are you asking about? What kind of "case" do you believe you have?

      (Real question. I can think of several different ways your question could be interpreted and the answers are not necessarily the same for each.)
      Wrongful termination and retaliation. I also have proof of sexism and racism.

      Comment


      • #4
        You have posted absolutely nothing to suggest a wrongful termination or illegal retaliation. For that matter, I'm not seeing ANY kind of retaliation. I see a lot of evidence of a poorly managed company, and if you did not get all the pay you are due you certainly have a "case" to file a wage claim with the state. But wrongful termination or illegal retaliation? I've got nothing. Are you sure you know what is meant by a wrongful term? It means that there is a specific law that prohibits the employer from terming you for the reason he did.

        Nor did you include any information regarding sexism or racism. I can only respond based on what's in your post.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          HR probably answered the email with the information they had at the time (and that they thought you would be actually working your 2 week notice). It is possible that other information came to light after they spoke with the manager and that because you didn't work your 2 week notice that they didn't have to pay you. I have to wonder if you didn't ask the wrong question. Did you specifically ask if you would be paid if you stayed home that whole time?

          My other question is did your manager tell you to stay home for the rest of your notice? Or just the next day? it sounds like a case of job abandonment could be made if you assumed he/she meant the rest of your 2 weeks and he just meant the next day to get your anxiety under control! Did you have any other communication with him after his text to confirm what he meant?

          Honestly like cbg, all I see is a possible wage claim on the PTO. You assumed you would be retaliated against and it raised your apprehension and anxiety level (personal cause) and left that day without completing a task that the manager thought needed to be done that day. There is nothing in your post that states you were actually retaliated against.

          I will state that it is well known that in the notice period, most employees slack off quite a bit on getting their tasks done and if a manager sees this (not getting the checks cut for instance), they often will go ahead and let the employee go during their 2 week notice. No state that I know requires the employer to pay for time not worked. Some employer policies are such that they pay out that notice (so that they get employees in the future who will give that notice). Different states handle the notice period different for unemployment insurance purposes.

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          • #6
            Maryland does not require you be permitted to work out your notice period, nor be paid for the notice period if you do not work. Frankly an employee who submits a resignation and immediately requests to go home leaving a vital task incomplete is not someone many employers would want to stick around for another 2 weeks.

            PTO payout in MD is complicated. It isn't outright required, but it can be. It depends upon the employer's policy and how well it was communicated (the phase of the moon, the ebb of the tides, and whether the DLLR investigator was deprived of the last jelly donut that morning). There is nothing in regulation that states leave pay out cannot be conditional based on the reason for termination, but it is frowned upon. It doesn't hurt to file a claim with DLLR for the PTO, and it is free. http://www.dllr.state.md.us/labor/wa...ayonterm.shtml
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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