Oh I am LIVID!

MoochNNoodles

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I still haven't received my severance pay so I called HR at my old company today. This is the third week I've not been working. I got paid last Friday for one week of work and I'm supposed to be getting my vacation and severance. They notified me I'd be laid off on June 13th, with my last day that Friday. The program wasn't to close until the 29th and I basically convinced them that I should stay until the 29th and leave when my student's left. (I mean how shady is that? Have the teacher who does most all the teaching gone before the students and without the students knowing!!!) I had my boss double check that I'd still get the two weeks severance and the Director of my department said yes I still would.

So during the first week I wasn't working I went on down to Unemployment. Well they said I shouldn't file till I get my severance because if I'm getting that it'll have to go through appeals and that typically takes over a month. Fine I can understand that, and thanks for the advice!

So when my severance and vacation wasn't direct deposited last week I figured I'd wait and see if it was in the mail. Since it's not here yet, I thought I'd call and see when to expect it, since I've also been told not to register for any classes till I'm getting the unemployment.

So the HR lady just called back....and she didn't know anything about me getting severance pay.
(first off she's sweet but dippy so that didn't surprise me too much) She said she went and checked with the Director and her boss (who were in the same office at the moment) and no, because I stayed the extra 2 weeks I'm not getting any severance! Ummm EXCUSE ME!?!?!
I told the HR lady I that I had had my boss check and I was pretty darn sure she'd gotten straight off the phone with our Director and told me that I'd still get it! So she's gonna go back and check again....

Meanwhile I called my old boss and yep, that was her understanding from the Director!!!! I so want to cuss right now.
I let them all know that them not paying me is holding up both my unemployment and my college! I'm late on that as it is! HR lady said my vacation pay will come one pay period after my last paycheck. Well thanks! That STILL puts me unable to file for unemployment for a month!
My old boss is going up to our main office tomorrow and will get back to me too. If I have just been screwed I guess I will be contacting the head office in Virginia.

I mean what kind of stupid person would I bet to work during my 2 weeks of severance pay time??? I did it because I thought it was the right thing to do. Apparently I'm the only one who cares about that! Did I mention it took almost all of those 2 weeks that I worked for them to get back to my boss about that? Oh and nothing was in writing--of course! And I still haven't seen that letter of recommendation I was told I'd get. I was leery then, but I knew the Director was on vacation and they can be slow like that. But if they just screwed me....oh....
And this is a non-profit agency that helps people! I hate getting this mad. I get this mad and I cry but I'm so mad I'm not gonna let myself cry at this point!
 

katachtig

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Sometimes it just doesn't pay to be nice. I hope you get it straightened out.
 

lunasmom

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Ugh, that stinks


I hope everything works out (for your benefit). You should still receive something so that you can receive unemployment.
 

natalie_ca

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I hope it works out in your favour, but severence pay is given in lieu of time worked. So in your case it was going to be for a period of 2 weeks until the contract ended.

However, you ended up working that 2 weeks that they were going to pay you for anyway, so technically they don't really owe you anything because you worked that 2 weeks instead of just taking the money and the 2 weeks off.

If you are still owed vacation pay for vacation you didn't take, then they should be paying you that. But you worked during the period that they were just going to pay you for, so really, there is no severence pay due. Your boss must have been mistaken and given you wrong information.
 

tara g

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Ugh thats terrible. I would be insanely livid too. Hopefully everything gets worked out for you!
 

theimp98

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baseball bats are your friend.

me and 2 friends where working for manpower tech, and after 6 weeks with no paychecks we called payroll and had to explain that they still make Louisville Sluggers, in that town where payroll office was, and if we did not get paid, We would be making drive down to there office.

well, they called are boss, at the time. Who said, well, if they told you they would show up. Then i would think about paying them. CAuse they are not the type to lie. We had are 6 weeks worth of pay the next day. IF they could do that, what was so hard about just giving us are money.

another temp tech company i had to take to court to get 7000 dollars in back pay they owed me.

its a shame really when we need to take steps like this to get are money that we worked for. I really can feel your pain in this HUG
 

adymarie

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Originally Posted by Natalie_ca

I hope it works out in your favour, but severence pay is given in lieu of time worked. So in your case it was going to be for a period of 2 weeks until the contract ended.

However, you ended up working that 2 weeks that they were going to pay you for anyway, so technically they don't really owe you anything because you worked that 2 weeks instead of just taking the money and the 2 weeks off.

If you are still owed vacation pay for vacation you didn't take, then they should be paying you that. But you worked during the period that they were just going to pay you for, so really, there is no severence pay due. Your boss must have been mistaken and given you wrong information.
Actually severance pay is given in recognition of service, pay in lieu of notice is for an abrupt termination. In Ontario you would be getting 1 week of severance for every full year worked - or at least you should according to employment standards. You should check your State's labour laws.

What a horrible situation. I hope that it straightens out in your favour.
 
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MoochNNoodles

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What I was told is that it is company policy to give 2 weeks of severence. But then she also said that usually when the day they are given their notice is their last day. I was given 3 days notice. Wooo! (Before I kinda talked them into staying till the program ended.)


From what I've heard, they are having a time of it since I left. My old co-instructor's husband had a defibulator put in the other day and he is having some troubles. (please pray for them, he is only like 63! and sure doesn't act like he's the great-grandpa that he is!) My other co-worker they kept is going crazy with all the crap they are having him do. And my old boss, well she goes on vacation next week to the State Fair....so this week she has been preocupied with setting up her camper there and preparing her animals for showing. So in essence, not doing her job on job time and it's ticking off the reffering agencies good! I just feel bad for my 2 innocent co-workers...they are the ones to suffer first.
 

natalie_ca

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Originally Posted by adymarie

Actually severance pay is given in recognition of service, pay in lieu of notice is for an abrupt termination. In Ontario you would be getting 1 week of severance for every full year worked - or at least you should according to employment standards. You should check your State's labour laws.

What a horrible situation. I hope that it straightens out in your favour.
Actually, the OP's initial thread on this indicated that the severence pay was in lieu of notice.

http://www.thecatsite.com/forums/sho...d.php?t=130752

The post was made on Friday June 13th, which indicated that that Friday was their last day and that the employer was going to pay her 2 weeks severence (until the end of the month). However, out of concern for the students, she asked to stay on working for that period of 2 weeks (until the end of the month).

She opted to work out the 2 weeks notice she was given instead of taking the money and the days off.

So because she worked for that 2 weeks, what they effectively gave her was "2 weeks notice" for which all she is entitled to is her regular wages during that time.

Had she allowed them to terminate her employment that Friday like they had planned and didn't work those 2 weeks, then yes, she would have been entitled to a severance )aka termination) pay for those 2 weeks, because the pay would have been in lieu of notice and time given but not worked. The reason many companies do that is because they don't want employees to sabotage computers or business. So they tell the person at 4:30 pm on a Friday that that will be their last day and not to come back and that they will be getting 2 weeks pay in lieu of notice.

The money she was to receive for that 2 weeks was not stated to be a bonus for time employed. It was being given in lieu of her working those 2 weeks notice that she was given.
 

natalie_ca

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Originally Posted by MoochNNoodles

What I was told is that it is company policy to give 2 weeks of severence. But then she also said that usually when the day they are given their notice is their last day. I was given 3 days notice. Wooo! (Before I kinda talked them into staying till the program ended.)
Yes, that sounds like the 2 weeks was severence in lieu of working the 2 weeks notice. So really, since you worked those 2 weeks instead of taking the money and running....they don't really owe you anything more but the vacation time that you haven't taken.

Sorry to hear that your former co-workers aren't doing so well there lately. To me it sounds like you have it better than any of them. Sounds like the company is deteriorating and not a very good place to be working right now.
 

reesespbc

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The joys of getting screwed by an employer in regards to money owed...I don't miss that at all.

I really hope this works out in your favor. No one should have to go through that, for stress and financial reasons.

((((VIBES))))
 

lunasmom

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Wasn't this a non-profit org?

B is in the non-profit business and as much as they help others, very little do they seem to help the staff. I.e. 2 years ago he had a written notice from a psychologist saying that he should no longer stay where he was at (Foster care) due to illness. In Michigan there is a way that you can still receive Unemployment if you have to quit for illness. The agency he left fought unemployment tooth and nail and won. He never received unemployment and had no income.
 
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MoochNNoodles

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Yes it is a non-profit.

My old boss just called me back. She spoke to everyone (HR, Director, and the head of the company, though it is part of a bigger non-profit) and I should be getting the pay now. I'm waiting for the HR lady to call me to confirm that though. I won't do a happy dance till I get the money either.

She told me that regardless, the company policy is to give 2 weeks severence, no matter the end date of employment/notice/etcetera. I think the company is trying to shift to a new direction or something. Either way, I would say it has deteriorated greatly. This company once greatly prided itself on things they now seem to not care less about. It really is a shame.
 
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