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I am a software consultant/trainer for a finance system and I travel to the client site almost every week. My contract with my client finished about a month ago and I've been "on the bench" since and I've been feeling quite anxious. I've been with this company for almost a year, it's pretty small, about 30 full time employees.
The company did find a 1 month project (not exactly my expertise but close) that I was going to work on with a new hire who started this past week. My manager texted me and said I would have to share a hotel room (2 bed/1 bath) with this new employee. I told my manager that this wasn't acceptable to me and I would book and pay for my own hotel room using my personal hotel points. We aren't talking Marriott Marquis here, rather Marriott Courtyard type accommodations.
On Monday my manager texted me that the shared room was a requirement of the client and I can go or not. I texted back that if it's a requirement that I share the room, I choose not to go but I would still go if I could get and pay for my own room or if we could get a 2 room/2 bath suite. I texted back to her that if that wasn't acceptable and she wanted my resignation, let me know. I never sent in a resignation letter and didn't hear anything else for a few days.
I got an email Wednesday morning from her saying that it's unfortunate that I resigned and the new employee would go to this client without me. She said as soon as she had my resignation letter, the company would process my separation. I did write a nice letter to her, the other VP that she had cc'd in her email and the owner of the company explaining that I did not resign, she terminated me. There is no HR department at this company, there is only a part time accountant that processes payroll, client billing and expense reports. She did text me Wednesday evening that "Everything is ok, she is just disappointed and she will provide a reference for me". lol
Now I'm not unhappy about losing this job, it was high paying but with fairly poor health/dental benefits. I haven't heard from anyone until today when someone in IT emailed me and said my manager told him I resigned and asked me to send my laptop and phone back to him and that my email account would be disabled tomorrow evening. I told him I didn't resign, blah blah blah, please don't disable my account until this is straightened out. They owe me pay from Oct 16-31 (payable on November 15), a $500 expense check and 72 hours of accrued vacation. I told him I also needed information on COBRA benefits.
tldr;
So I have not had any other communication from anyone in the company except the short Wednesday email and the email today from IT. Does my text to my manager asking if she wanted my resignation actually constitute a resignation on my part? Can they hold my pay, expense check and vacation pay? I don't even know what my termination date is! I think the only difference between me resigning and them terminating me is the ability to collect unemployment benefits.
I feel like she is using this hotel issue to get rid of me because the company doesn't have any billable work for me in my area. And she is saying I resigned so I can't collect unemployment. BTW, she isn't in HR, she's in sales.
You said you would resign if you had to share a room, and she told you to send her your resignation. They did not terminate you; they asked you to do what you said you would do, as the travel arrangements clearly are not going to change.
Okay, thanks. Can they hold my pay, expense reimbursement and vacation payout?
Doesn't this employer have an HR department? These are all questions for HR. In the meantime, some answers might be available to you with a little digging. Consult your employee handbook, or the equivalent on the employer's web site.
The company had no HR Department, no employee handbooks, but my laptop is probably disabled by now. I doubt the website had any employee areas, but I'll go look.
Okay, thanks. Can they hold my pay, expense reimbursement and vacation payout?
When you formalize your resignation by hard copy letter ask her what procedure is followed that ties up these loose ends. Somehow I doubt they are using the hotel situation to get rid of you. You bluffed. They called it.
Stop communicating with them regarding the termination. You've made it clear you didn't resign. You should probably consult an attorney about how you should proceed. They are trying to say you resigned because it benefits them legally. I wouldn't acknowledge any other communication regarding your alleged resignation. Let them out process you. You are talking too much.
Stop communicating with them regarding the termination. You've made it clear you didn't resign. You should probably consult an attorney about how you should proceed. They are trying to say you resigned because it benefits them legally. I wouldn't acknowledge any other communication regarding your alleged resignation. Let them out process you. You are talking too much.
Maybe I'm reading it wrong but the OP made the first mention of resigning. They said they would resign if they couldn't get their way. The company had already stated their position. Based on the communication, it can easily be assumed the OP did resign.
Folks should never threaten or give ultimatums at work.
Stop communicating with them regarding the termination. You've made it clear you didn't resign. You should probably consult an attorney about how you should proceed. They are trying to say you resigned because it benefits them legally. I wouldn't acknowledge any other communication regarding your alleged resignation. Let them out process you. You are talking too much.
I agree. Consulting with an attorney ASAP before this gets farther with the OP saying stuff via text.
Quote:
Originally Posted by SanyBelle
I am a software consultant/trainer for a finance system and I travel to the client site almost every week. My contract with my client finished about a month ago and I've been "on the bench" since and I've been feeling quite anxious. I've been with this company for almost a year, it's pretty small, about 30 full time employees.
The company did find a 1 month project (not exactly my expertise but close) that I was going to work on with a new hire who started this past week. My manager texted me and said I would have to share a hotel room (2 bed/1 bath) with this new employee. I told my manager that this wasn't acceptable to me and I would book and pay for my own hotel room using my personal hotel points. We aren't talking Marriott Marquis here, rather Marriott Courtyard type accommodations.
On Monday my manager texted me that the shared room was a requirement of the client and I can go or not. I texted back that if it's a requirement that I share the room, I choose not to go but I would still go if I could get and pay for my own room or if we could get a 2 room/2 bath suite. I texted back to her that if that wasn't acceptable and she wanted my resignation, let me know. I never sent in a resignation letter and didn't hear anything else for a few days.
I got an email Wednesday morning from her saying that it's unfortunate that I resigned and the new employee would go to this client without me. She said as soon as she had my resignation letter, the company would process my separation. I did write a nice letter to her, the other VP that she had cc'd in her email and the owner of the company explaining that I did not resign, she terminated me. There is no HR department at this company, there is only a part time accountant that processes payroll, client billing and expense reports. She did text me Wednesday evening that "Everything is ok, she is just disappointed and she will provide a reference for me". lol
Now I'm not unhappy about losing this job, it was high paying but with fairly poor health/dental benefits. I haven't heard from anyone until today when someone in IT emailed me and said my manager told him I resigned and asked me to send my laptop and phone back to him and that my email account would be disabled tomorrow evening. I told him I didn't resign, blah blah blah, please don't disable my account until this is straightened out. They owe me pay from Oct 16-31 (payable on November 15), a $500 expense check and 72 hours of accrued vacation. I told him I also needed information on COBRA benefits.
tldr;
So I have not had any other communication from anyone in the company except the short Wednesday email and the email today from IT. Does my text to my manager asking if she wanted my resignation actually constitute a resignation on my part? Can they hold my pay, expense check and vacation pay? I don't even know what my termination date is! I think the only difference between me resigning and them terminating me is the ability to collect unemployment benefits.
I feel like she is using this hotel issue to get rid of me because the company doesn't have any billable work for me in my area. And she is saying I resigned so I can't collect unemployment. BTW, she isn't in HR, she's in sales.
Can anyone help? Thanks!
I don't understand why they were adamant that you share a room. So weird.
I also suggest you screen shot the texts, consider printing them out and bring the email you were sent along with the letter you wrote to an attorney. They're really the only ones that can give you advice since they'll be looking at what was actually said.
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