NWR: Giving employer notice of resignation - Final update in the saga (I hope!)

PhoneCardLady · February 2015

If she gives you a paper to sign, you might want to see a pro bono lawyer to look it over. He/She may want to advise you on certain things or ask you.

Jen4948 · February 2015

Nice going JellyBean! Good luck!

JellyBean52513 · February 2015

PhoneCardLady said:

If she gives you a paper to sign, you might want to see a pro bono lawyer to look it over. He/She may want to advise you on certain things or ask you.

I was given nothing to sign today when I went in like I was told I would be given. It wouldn't have mattered either way, because I typed up my own letter of resignation. I gave them a firm ending dating of employment (March 7) and I added the following clause:

"Please note, attached to this letter is a statement of overtime hours for which I am owed the difference between time-and-a-half pay and the pay I actually received, per a conversation with My Boss via text on February 18th. I respectfully request that this overtime pay be added onto either the paycheck I will receive on February 26th 2015, or onto my final paycheck, due to be paid on March 12th 2015. If, for whatever reason, either you or I elect to terminate my position prior to March 7th and the overtime pay has not yet been dispersed to me, I respectfully request that it be added on to the paycheck I will receive immediately following my employment termination."

Then I stapled a sheet with all the weeks & hours worked, with a blurb stating "per our company policy, 'overtime' shall constitute any hours worked in excess of 42.5 hours in any one work week (given that our 30-minute meal breaks are paid breaks and thus do not count as actual time worked), with the exception of week #4 below during which seven days in a row were worked, therefore any hours in excess of 43.5 during that week shall qualify as overtime hours."

I tried to be super-thorough and spell out literally everything in my letter. I gave it to my boss as I was leaving today and she didn't seem too bothered by it, but then again she hadn't read it yet because it was in a sealed envelope.... hopefully they don't make my life too much of a living hell between now and March 7th.

KatWAG · February 2015

@jellybean52513 did your boss comment on the overtime/ resignation letter you gave her?

JellyBean52513 · February 2015

KatWAG said:

@jellybean52513 did sour boss comment on the overtime/ resignation letter you gave her?

Nope, but she has been nothing but rude and short with me, she won't even make eye contact with me when we're talking!! Ugh it's going to be the longest two weeks of my life.

If they make no mention of the overtime to me, and it DOESN'T get paid, I'm just going straight to filing a claim against them. That will suck for them, because the law in MA is that employers are fined triple the amount in cases involving non-payment of wages, including overtime. I'm sure they got on the phone with their lawyer first thing today about it, I know how they are, so hopefully he informs them as much and doesn't let them screw themselves.

anemone137.defunct635825918192908843 · February 2015

I just wanted to say that I'm incredibly impressed with how you're handling this. I would say "proud," but I don't know you, so that feels like a strange word. The next few weeks may be icky, but it'll be worth it to have this place in your rear view mirror.

climbingsingle · February 2015

Good for you!!

southernbelle0915 · February 2015

You rock the way you're handling this - professional, but firm. I love it! Congrats again. Let your boss try and drag that two weeks out. You have all kinds of things to be happy about!

erinlin25 · February 2015

Good for you! 2 weeks is more than generous so they were definitely taking advantage of you before. I'm glad you were able to put you first! Good Luck on your future endeavors.

For what its worth, I was in your shoes a few years back. I had two jobs that I absolutely loved. My now H (BF at the time) had the opportunity to move back to his hometown (4 hours from where we lived) and open a business of his own. He took the chance, put in his two weeks and wanted me to come with. I could not just up and leave my job(s) because I felt obligated to help them transition and have a smooth transition. So we agreed I would stay for 6 months (end of our lease anyway) Well, word got out that BF moved so of course everyone knew I would be probably following suit and one of my jobs pretty much turned on me and made my time there absolute hell. I was a coach/director of a competitive high school cheer/dance team and they went from worshiping the ground I walked on to literally self whoa and guilting me into thinking I was abandoning them. So I agreed to stay for the 6 months to transition into the new school year/comp season (originally it was two months to transition into the new season). The parents who said they "were there to help" constantly tested my patience, talked shit behind my back and were so judgemental of the schedule we set up (me and new coach). They were super rude to the new coach (who was my assistant for 5 years). Shit eventually hit the fan when I had a family emergency and could not attend their first comp and some parents went crazy on me (new coach new I was not going to be there and was supportive)-- it was then and there I new I just had to go. Since I was still too nice and loved the girls I stuck it out for two more weeks so I did not leave them high and dry for a big event coming up. We made arrangements to keep paying for the apartment (we had 2 months left) and after the event I would move to be with BF (H) and help in his business.

My second job was so supportive through the whole situation. They new I'd be leaving but when things fell a part with the coaching portion I knew I had to just cut the cord and leave it all behind and move. I officially put in my two weeks ( months earlier than expected) and while they were sad I was leaving they were happy for me and my new adventures. They asked if I could stay an additional week to help train the new teacher and I knew they would not take advantage of that and gladly stayed the extra week. On my last day I had my car all packed up and I definitely cried pretty much the whole day. But when I got to my new life and was with BF again I just had this feeling of a huge weight being lifted off my shoulders. I never regretting leaving ONCE and 4 years later it was one of the best decisions I made.

Sorry for the long story, but I am a huge advocate of not working in an environment that takes advantage of you. 2 1/2 weeks is more than generous. Good Luck to you!

JellyBean52513 · February 2015

It means a lot to me that you all, internet strangers who have no bias one way or the other in my situation BUT whose opinions and thoughts have proven time & time again through this board to be incredibly useful and insightful, have such supportive things to say. I read and re-read all your posts in my mind before I went down to the owner's office for motivation. I reminded myself of all the times I had given similar advice, on this board to brides and to friends in other situations, of when someone just needs to put their foot down and stand up for themselves. I can't tell you how freaking thrilled I am.

Today at work, while there was zero mention made about my letter/the overtime, apparently my boss was talking shit about me to one of my co-workers (surprise, surprise) about how I've been "telling the WHOLE WORLD" that I'm quitting and how annoying it is. She said that because she overheard me telling a client, who I've been very close with during my time there and who has no shame in letting everyone know that I'm like her second daughter, that I would be leaving. I'm sorry, but I refuse to tell our clients "See you next time!" when I know damn well that's a lie. I will not lie to the people who actually made my job as good as it was.

She's obviously always going to be the person she is, and it's too bad her mother refuses to acknowledge that her daughter is running her business into the ground. She's going to be really upset when this co-worker of mine gives her two weeks notice.....tomorrow. Especially since another co-worker gave HER two weeks' notice today. My SO keeps referring to it as "The Great Downfall." I call it karma.

SP29 · February 2015

Good for you JellyBean!! Hope the last 2.5 weeks go as easily as can be expected and all the best in your new career!

PhoneCardLady · February 2015

Please keep us posted on what happens, ok? Know that we are here for you!

JellyBean52513 · February 2015

Thank you @PhoneCardLady! On Saturday, the owner said to me as she was leaving for the day that she read my letter with the overtime hours, that she and my boss went over all of them and everything looks goods, and that she'll "get on it on Monday." I'm hoping that means my overtime will come in this next paycheck, but either way, I'm glad that she's acknowledged it and isn't appearing to be putting up a fight about it.

PhoneCardLady · February 2015

Just keep us posted. Just want you to get what you worked for!

JellyBean52513 · February 2015

Ladies, guess what: I got a job already!!! The personal injury firm I interviewed with back in January just called me and offered me the position as a paralegal. I'm getting a higher salary, benefits, and most importantly a start down my career path. I'm so freaking excited! Thank you all again for the support, swear I'm not exaggerating when I say I couldn't have taken this step to quit my job without your words of encouragement

kvruns · February 2015

congrats! things seem to have a way of working out, finally put in the 2 weeks and voila new job

teddygirl9 · February 2015

Thats amazing! Exciting times!

lovegood90 · February 2015

Congrats! That's great that everything worked out!

KatieinBkln · February 2015

JellyBean52513 said:

Ladies, guess what: I got a job already!!! The personal injury firm I interviewed with back in January just called me and offered me the position as a paralegal. I'm getting a higher salary, benefits, and most importantly a start down my career path. I'm so freaking excited! Thank you all again for the support, swear I'm not exaggerating when I say I couldn't have taken this step to quit my job without your words of encouragement

This is so damn awesome!

I am not a huge believer in fate/god/karma/whatever, but even I take this as a sign that you're heading on the right track. The universe certainly seems to be rewarding your choices at the moment (ok, brb, gotta go roll my eyes at myself for referencing "the universe" in a non-astronomical context).

thisismynickname2 · February 2015

Awesome! Congrats!

artbyallie · February 2015

You go girl!

sophhabobopha · February 2015

I just read all this and yay! Congrats!

SP29 · February 2015

Congrats!! Your time is now!

I agree with KatieInBKIn- I'm not into the universe "moving" or whatever, but I do think that when you open yourself up to possibility/ opportunities, they tend to come to you, because you are changing how you present yourself to the world.

Dreamergirl8812 · February 2015

Me:

WildMagelet · February 2015

Awesome, congrats!

Fingers crossed for your OT pay on this next check!

Jen4948 · February 2015

Congratulations! Best of luck!

JellyBean52513 · February 2015

Yet another update! Today the owner and my boss sat me down in the office to give me my paycheck (even though we officially get paid tomorrow). She wanted to tell me that 1) she was shocked when I handed her my resignation letter containing the requested overtime, 2) she said the she never paid me overtime before because she "never hired anyone to work overtime and never had anyone work overtime before" -- total BS, 3) that she does not wish for me to "push this any further" because that means I don't trust her, and 4) she and my boss spent allllll weekend going through 104+ weeks of my employment and she submitted numbers to the payroll company which would compensate me for every 60 seconds over 40 hours I worked.

My paycheck contained almost $400 worth of overtime pay more than what I calculated myself. I think she paid me for every single week that I worked literally 40+ hours, even though I technically was only owed for every week over 42.5 since our lunch breaks are paid (the idea being that I'm not owed for the 30 minutes per day that I'm clocked in but not actually working). I didn't ask for overtime for any week that I didn't work over 42.5, but it looks she paid me for every week over 40. Hey, I'm not complaining! A nice parting bonus in my opinion. Now to survive the next week and a half

kvruns · February 2015

If you are clocked in for that lunch break then you are entitled to pay and thus pay over 40 hours. If they want it truly uncompensated then they would have had you clock out. Glad they did it right

[Deleted User] · February 2015

I wouldn't promise not to take it further though. Just be non committal on that front.

I would leave a review on Glass door at a minimum. They are probably fleecing people and I'd want to make sure other people knew this was a problem before they worked there. If I read that, I'd still maybe take the job, but I'd at least know to watch my checks carefully.

Just be truthful and make it clear that they did rectify the situation for you once you brought it to their attention.

SP29 · February 2015

That an interesting response from your employer, but yay that you are getting your overtime.

NWR: Giving employer notice of resignation - Final update in the saga (I hope!)

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