Have to ask former boss who fired me for last paycheck? (employee, apply)
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I called my former employer's payroll department yesterday to see if my last paycheck would be issued this Friday and they told me that they don't see anything and to call back tomorrow - and if there still isn't a paycheck being issued then I would have to speak to my past manager.
My past manager made me extremely uncomfortable my last few weeks of work and then she fired me. She always talked nasty to me, closed her door on me, gave me no work at all, sent me no emails, didn't invite me to meetings - she basically made my life a living hell before she fired me.
The day she fired me she had the company lawyer present and told me that I COULD NOT file for unemployment because I wouldn't get it and I wouldn't be getting severance pay either.
I don't want to speak to this lady - as it was not an amicable split.
I'm considering calling the HR department if payroll tells me that I have to speak with my former boss - because honestly, I don't want to deal with her anymore and shouldn't have to. She even told me she wasn't my boss before she fired me - and the guy who left a month prior to was.
Fellow CD-ers always offer great advice - so what would you do in this situation?
i guess you could call HR and let them know you're not comfortable talking to your former boss. but if the procedure is such that you HAVE to talk to her to get your check - then talk to her. just get it over with, be the better person and stay polite and calm for your own sake. she's done having any effect on your life, so it doesn't matter what she says or thinks.
it is illegal for her to not pay you for time you worked, by the way. if she tries to say you're not getting paid, then definitely go to hr. they don't want to get sued and they will know the law.
Thanks for the responses - I'm going to call today and see what happens. I'm actually just trying to cash in my vacation days. I don't see why I wouldn't be able to do so, but knowing my former boss - she may try to block my doing that as well.
I was told I don't qualify for UI because she terminated me as being insubordinate. I don't know if you've read other threads I've started - as I have mentioned this before.
Not trying to be repetitive or anything.
I just need the $$ since I am relocating for work and my new employer doesn't provide assistance - or else I probably wouldn't even be worried about three vacation days..
Thanks for the responses - I'm going to call today and see what happens. I'm actually just trying to cash in my vacation days. I don't see why I wouldn't be able to do so, but knowing my former boss - she may try to block my doing that as well.
you don't have a legal right to do this, so there's not really any recourse if they say no (unless there's an employment contract involved but that's unlikely) but if it's company policy they should do it. it's definitely worth trying. it may happen automatically - it does where i work. of course our payroll department doesn't refer people to their managers to get their paychecks either.
You really shouldn't have to make any contact except with the HR and payroll dept's at your former employer.
If they aren't responsive to your last paycheck inquiry, you should be able to contact your State's labor dept and request their services on your behalf. Depending upon the laws of your state, there can be serious consequences for an employer.
Consider that when an employer doesn't pay owed wages, the resulting problem for them is larger than just the money that they owe you. It can become a legal problem of a much larger scale, and the money that they owe you may be a very small fraction of the scope of their problems ahead.
Understand that there's a difference between owed wages and claiming unused vacation day compensation. Depending upon the terms of your employment, you may ... or may not ... have qualified for the benefit.
Your former employer's take on whether or not you'd qualify for UI benefits is just that ... their take on the matter. What counts is the determination by the UI board. While you are heading out for a new job now, in the short term your UI benefit would be upon the prior employer.
Thanks for the responses - I'm going to call today and see what happens. I'm actually just trying to cash in my vacation days. I don't see why I wouldn't be able to do so, but knowing my former boss - she may try to block my doing that as well.
I was told I don't qualify for UI because she terminated me as being insubordinate. I don't know if you've read other threads I've started - as I have mentioned this before.
Not trying to be repetitive or anything.
I just need the $$ since I am relocating for work and my new employer doesn't provide assistance - or else I probably wouldn't even be worried about three vacation days..
And you qualify for unemployment benefits. It takes some pretty gross misconduct to DQ you.
Vacation days are an earned benefit, which means that a company is legally required to pay them out upon separation, no matter what. If HR is not automatically doing this, your former boss is doing something wrong.
You can certainly file for UI. If the company disputes it, there will be a hearing where you can represent yourself. You may win, you may lose, but it does not hurt to try.
I would be inclined to tie the two things together. If there is a wait for your vacation pay, bring it up at any UI hearing as evidence that your former boss was either incompetent (so cannot be trusted) or hods a personal grudge against you (so cannot be trusted).
If you already have a new employer, the UI will not matter anyway.
But I would apply for it just to make them defend their case and risk their unemployment insurance going up :P
They cannot withhold your last paycheck. State law varies, but pretty much every state makes this illegal.
Earned vacation is considered earned wages. How that is handled depends on the state, but many states require an employer to pay out all earned vacation pay upon termination; the question is just what rate the vacation days are paid at. Also, your employee handbook might have a vacation forfeiture policy. This is where your reason for termination might matter. If your termination is for cause, company policy may allow them to withhold your vacation pay. In that case, it becomes even more worthwhile for you to file for UI and fight their for-cause termination.
The day she fired me she had the company lawyer present and told me that I COULD NOT file for unemployment because I wouldn't get it and I wouldn't be getting severance pay either.
I see below that you have another job so it doesn't really apply, but your former employer cannot stop you from filing for unemployment and disputing that you were fired for cause. You'd not stand a good chance at winning, but it isn't as if you have to take their word for it.
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