Breach of Contract - Unfair Treatment

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veryfrustrated

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I recently left a job where I was under contract due to my company retaining my services where I had received a retention bonus. I left 2 mos before my contract was up and now my company has withheld my last paycheck and is pursuing me for the remainder of my retention bonus. When I left, I gave 3 1/2 weeks notice because I knew there would be alot on transition and training on my part and on my next to last day my boss came in and told me I would not be getting my last paycheck and the company was planning on pursuing me for the rest of my bonus. He did this in a manner as if it were a favor to me, he said he was told he did not have to notify me that they would be wittholding my last paycheck? I feel I am being treated unfairly because there were extenuating circumstances causing my early departure. I've been searching on-line for hours now and am sooooooo frustrated. I've already sent a letter to the VP of HR, and President of the company demanding my last paycheck or I will take them to court... please read and let me know if I have a leg to stand on. BTW the state I'm in is Arkansas but the company I work for is in NY,NY.

Before you decided not to pay me my last check and hold me to the contract I signed back in February 2004 did you ever take into consideration why I chose to leave XXX before my contract was up? It was not just for the sake of finding another job I assure you. I was very well thought of at XXX, I had been told that many times and it was reflected in my reviews. My work was held in very high regard, not to mention I was working on the business all of XXX was focused on.

I have been working in a very emotionally stressful and hostile environment at the XXX office for more than 5 months. I was subjected to offensive language and crude remarks repeatedly, had my personal space invaded repeatedly and witnessed a potentially violent outburst in the office from a person I was suppose to be working closely with on a daily basis. I found this behavior and attitude from this person to be very offensive and intimidating. I had confided in several co-workers at XXX about what was going on and how it was making me feel and was finally persuaded to tell management of my concerns for the first time back in August of 2004. Management had agreed with me and my concerns and confirmed to me that they themselves could identify with my complaints of this individual and said they would address it. The swearing and crude remarks subsided shortly thereafter, however the aggressive/confrontational behavior and invasion of my personal space did not. I sat down with Management for a second time about 6 weeks later and expressed my concerns that although the swearing and crude remarks had stopped I still felt very uncomfortable working with this individual and would like to be placed in another position that would not require me to have contact with this individual. Management said to me they would again address my concerns with this individual and to sit tight and see if the situation would improve further. Shortly after this second conversation with Management, tension began to build between myself and this individual to the point other co-workers in the office were aware of it and then the inevitable happened and there was a confrontation in my office between myself and this individual. I met with Management a third time immediately after this confrontation and again expressed my discomfort in having to continue to work with this individual and now having to deal with the mounting tension between us and again asked to be moved into another position. At this point I believe is when Management in XXX notified Management in XXX of the situation. I then sat down with Management in XXX for a fourth time and was told that they had done all they could do and I would have to learn to overcome the discomfort and intimidation I felt in working with this individual because that was just his "personal style". I again expressed my desire to Management to be moved into another position by saying very matter of fact that "I could no longer work with this individual, my work performance is starting to suffer, I'm withdrawing from the team and getting up to come to work in the morning is becoming unbearable" and to "PLEASE move me to another position, take me off the business, I would do anything else". I was told "that would be unfair to the others on the team to shuffle desks because I and this individual did not seem to be compatible, we were two very smart and highly thought of people working on one of the fastest growing businesses in XXX and that we would have to learn to work together somehow". Just so you know, after this fourth conversation with Management in XXX I did try alternative approaches suggested by Management in XXX for several weeks to try and get past the discomfort and intimidation I felt when working with this individual but it did not work. In trying to be loyal to XXX and the contract I had signed, I stuck it out for as long as I could until the emotional distress I was under at work started spilling over into my personal life and affecting the lives of my kids and my husband.

When XXX was trying to retain my services back in February 2004, before I signed the contract, I was verbally promised several things by XXX if I chose to continue my employment with XXX. One of which I can recall very clearly. I had asked X very pointedly, "What happens if I and this new person you hire to take Nancy's place don't click? What if by chance we just don't get along, then what happens?" He told me, "I can almost guarantee you that won't happen, but if it does I promise we will take care of you." Well you know what, XXX did not take care of me. After repeated discussions with Management trying to resolve this issue in a manner that would allow me to continue to be happily employed by XXX, I was told in plain English that I would just have to learn to "deal with it".

... and that's just scratching the surface.

Please advise!!!! I need help, this is driving me crazy!
 
What does your contract say will happen if you leave your employment before the end of the contract?
 
It says I will have to pay the retention bonus back in full if I leave before my 1 year is up. It does not state any terms or conditions of repayment, just I have to pay it back....
 
Assuming that you are an employee and not an independent contractor, you can contact the Arkansas DOL and file a wage claim for your unpaid wages. (If you are an independent contractor, your recourse is small claims court.)

Despite the length of your initial post, you have not provided enough information to say if you have any other kind of legal recourse. We would need to know if the "offensive language and crude remarks" you mention are enough to rise to the level of racial, gender, or other illegal harassment. But unless that language did reach the level of illegal harassment, your employer was not legally obligated to take any action.

I'm not saying your employer necessarily employed good management techniques. The fact that they are not legally obligated to stop the behavior doesn't mean they can't or shouldn't. But unless they were legally compelled to stop it, you can take no legal action because they didn't.

If you want to post more detail (and it's up to you if you want to or not) I can give you more info about their legal obligations or lack thereof. :)
 
Yes, I was a full-time employee until last week Wed. 12/30. If my ex-employer made verbal promises to me and the conditions under which I signed the contract have completely changed does that give me grounds to sue them for breach of contract? The advancement opportunities I was told would be there never materialized, personnel changed, etc. It just doesn't seem right to me that they can still hold me to that contract when the circumstances are totally different now then when I signed it?
 
That is a question no one here can possibly answer without reading the contract in its entirety, and as an HR professional, contract law is not my specialty - sorry. You may want to have a local attorney review it to see how enforceable it is and if you have any further options.
 
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