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forkvoid wrote: » My employer was actually one of those that made it a condition of employment that I start in two days. I had gotten clearance from my then-current supervisor several months before(who was aware I was leaving) in case this came up, so no bad taste in their mouths.... but demanding I start immediately, then wanting three months notice to leave... It strikes me now that it's pretty dang selfish of them.
nanashi wrote: » Since I'm a contractor working through a temp agency I have a feeling that my manager would just contact the temp agency and find a replacement before I can even get a new job.
it_consultant wrote: » What state are you in earweed? That contract almost sounds illegal. Its illegal to hold on to your final paycheck, if you keep company property then you are responsible for returning it or paying for it. Actually being responsible for the billable time for another employee to cover the work you would be doing, I have never heard of that.
dynamik wrote: » I'm with the crowd that thinks it depends on the employer. As things stand with my current employer, I'd definitely give notice and possibly even tell them in advance if I was starting to look casually. We have a difficult time staying fully staffed as it is, and it takes months to get someone up to speed even if they're competent. I usually have travel and on-site engagements scheduled around three months in advance, and I would be putting them in an awful position if I just walked out the door one day. Unless there are extenuating circumstances, I'd always give at least two weeks. Sure, you might get shown the door, but then you get a two-week vacation Just make sure you have the funds to tide you over if that does happen. However, I usually see people getting paid for those two weeks in those circumstances. Your reputation can really follow you in this industry; I wouldn't burn any bridges unnecessarily. I might have a somewhat unique perspective since I typically work for smaller, close-knit companies. It's possible I'd feel differently if I was just a tiny piece of the puzzle in an enormous IT department. Also, personal integrity really factors into the equation for me. I simply wouldn't feel right about just walking out the door (under normal circumstances). Sure, they might be bitter or escort me out on the spot. Whatever. That's not on me. I'm not responsible for how others behave.
Paul Boz wrote: » Also, don’t EVER leverage leaving for a new job to get more money if you don’t truly have a new and better opportunity lined up. Depending on the manager, your value to the company, and pure economics, you are going to find yourself unemployed, told you’re not getting anything more (and basically poisoning your career at that company) or begrudgingly get more money. Very rarely have I seen people be able to effectively leverage leaving to get more money without poisoning the relationship long-term.
erpadmin wrote: » I'm pretty sure it's not illegal. At my job, I believe your very final paycheck can be witheld if you don't return property. (ID badge, laptop, cell phone, etc.) All of that stuff PLUS an exit interview has to be done before HR releases the last paycheck. (This is in NJ btw....and earweed's location (Alabama) is in his cert section under his name, just like Denver is under yours .... ).
eMeS wrote: » Only in South Dakota can a final paycheck be withheld for such. It is very illegal in every other state. Final pay must be issued no later than the next regular pay date, regardless of returning equipment, exit interviews, etc... Any HR department worth their salt knows this. However, the former employer can demand payment, and can sue for property that is not returned, etc., but they cannot automatically deduct it. MS
erpadmin wrote: » Hmmmm, I would definitely want to see some facts on this (since you brought it up). A former coworker (she was not pleasant to work with) had problems with her last check because my boss didn't forward the exit interview to HR right away. She had to call him to see if he could straighten things out with that. But I would definitely like to see your facts to back that up. And yes, I'm quite capable of using Google....but at the moment, I'm not terribly inclined right now. [Though I may be later...]
erpadmin wrote: » Apparently, SD does have a provision for returning property to your employer. (SD, coincidently, is also a usury-friendly state, so it's really not surprising to me that they would specifically have that provision on their books).
erpadmin wrote: » But I don't see what makes it illegal for the other 49 states to demand on their own to have their property returned in a timely manner (usually within your customary two weeks). I also read other sites about the final paycheck and couldn't see what makes that illegal as well.
erpadmin wrote: » So it begs a different question...what recourse does an employer have if I want to keep the cell phone, laptop, and other property? (Aside from suing me?).
erpadmin wrote: » Or if I don't want to participate in an exit interview?
erpadmin wrote: » But I'm pretty sure I had to sign something stating that I would return all property, upon leaving as well as participate in a exit interview, and failure to do that would affect the final paycheck I receive. Keep in mind too, that this is a public sector agency. I can't believe they would violate the law willingly like that.
earweed wrote: » Also I may need to clarify something else which probably makes what they are doing legal. I have a contract with them but it is not totally as an employee but I was required, as part of employment, to set up a business. That means I have a tax id and my paychecks are to my business and not to me personally. Everything is set up for the companies benefit.
eMeS wrote: » Nothing makes demanding that their property be returned illegal. Employers are free to do that, and they can sue the former employee for it. What is illegal is unauthorized withholding or deduction from wages. There is no due process involved in the employer deciding the amount to deduct and unilaterally deducting it. Ultimately it also violates the 13th amendment. One reason why states have chosen to make this illegal is because employers could easily coerce employees based on withholding earnings. MS
it_consultant wrote: » So you are a 1099 contractor?
erpadmin wrote: » So basically even if I did sign something to the effect that I must return property, if I'm not paid in a timely manner (the paycheck sent to my home or whatever) I can file charges.
eMeS wrote: » As mentioned previously you can demand payment. I'm not saying that this in any way applies to you, but everyone should consider that state law is not an excuse to throw personal integrity out the window. MS
poriggity wrote: » I let it slip to my current employer, that I am working on computer certifications, and looking for a new job... Needless to say, they have made my life VERY difficult, but I'm going to stick it out till I find something, or until they escort me out of the building, whichever comes first.
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