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Termination Question Georgia

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  • Termination Question Georgia

    On Dec 5th I let my employer know I would be out of the office for a personal emergency. I had 13.5 days of vacation left to use at this time. The office called back confirming they received my call and hoped I was well and that I am able to return to office as soon as I could. On the 12th I called in and let the office know that my car had been broken into and that my work PC was stolen. I also let them know I would be using the remaining 8 days of vacation that I had left and that I would be back at Christmas. The next day my company sent me a letter saying I was being terminated for a no show and that my termination was voluntary. I have been there 6 months and my vacation was negotiated and I have a signed letter with my boss that indicates I received 15 days of vacation per year including 2007. This letter was an addendum to my offer letter and the boss that I signed the letter with left the company about a month after I started. I do not think the addendum made it into my employee file, based on the letter I received and the fact they have not paid out my vacation that I am due. My question is can they call this a no show when they knew I was out of the office and did not disapprove of my absence on the 5th, and I had vacation available that would have allowed me to be out of the office until the 26th of December? I also have a severance clause that would kick in on that I had added to the addendum that would kick in if they severed me without cause. I do not really want to go back there as I feel its a hostil enviroment, but I do want whats coming to me. Any advice of thoughts would be appreciated.

  • #2
    You do not get to decide when you can use your PTO time. Your employer was being nice at the beginning to let you take the days as paid for whatever personal emergency you had then. However, then you called and said you had another "emergency". PTO time is at the convenience and the business needs of the employer. They do not have to approve this additional time and it's apparent that they didn't. I see no legal problem with terming this a voluntary resignation.

    Whether the letter and the addendum rise to the level of an enforceable contractual obligation, only an attorney in your state versed in contract/employment law would be able to advise you.
    Senior Member
    Last edited by Pattymd; 12-30-2007, 08:56 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      follow up information

      When I called back I did not have another was the same personal emergency that I had when I called on the 5th. Nothing had changed I was just trying to keep in touch with my employer and let them know primarily about my computer being stolen. Also the addendum was signed by the same person who signed my offer letter which was obviously binding.


      • #4
        As you were already told they did not have to accept your using this PTO or for such an extended period. If you feel this is a violation of contract then contact an Attorney


        • #5
          Severance follow up

          Ok I agree they can terminate me anytime...but can they call it a voluntary resignation since they knew I was out of office for personal reason and I was keeping them up to date on my status? My severance clause states that "Should the company terminate your employment and your rights to continue to participate in any of its employee benefit, bonus, etc plans prior to August 1, 2008 without cause and without notice to you, you shall be offered in return for your execution of a general release in the form required by the company at the time, the greater of 6 months base or the the the severance benefits that would otherwise be applicable at the time of your termination"

          Appreciate your comments.


          • #6
            Because unless your contract defined what was/was not a voluntary resignation, they are free to call it whatever they choose. One more time -- have your letter/contract reviewed by a local attorney.
            I am not able to respond to private messages. Thanks!


            • #7
              Just to make sure we're not in a FMLA situation here, what was the "personal emergency"?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


              • #8
                I believe in the first post OP is saying they were with the employer 6 months - FMLA would not apply.
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                • #9
                  Voluntary resignation typically means it was initiated by you. It does not mean there wasn't a good reason for you not to come in. Did you make it clear how long you would be out initially, or follow the procedure for calling in each day? If I have an employee state they are calling out on a particular day for a personal emergency, then don't hear from them for a week, I'd assume they quit as well.
                  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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