Employer said that I resigned because I refused to sign a contract that they would not provide to me for review by my attorney. Also, the job that the contract was for was never posted because the retiring agent never submitted thier retirement papers. One of the mangers who is not my boss was the one that stated we will start the termination proceedings. He then left my office and called me from the parking lot to inform me that he needed a letter of resignation. I did not comply because I never resigned. I know they are trying to deny me unemployment benefits by getting me to resign. I talked to HR and stated that i never said i was resigning and asked the question what am I resigning from? since there is no job available. She was unaware of this and told me she would call me back. That was over a week ago. I am a salaried employee and asked if I should go back to work until this issue is resolved she said no stay at home. My questions are. 1. Should I wait for them to contact me ? 2. If I did not resign and they did not terminate me am I still eligible to be payed for these days that they told me to stay home ?. 3. Can they force me write a resignation letter? 4. Can they hold my last pay check which will include my vaction pay?
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Employer saying I resigned because I would not sign contract
- Thread Starter vvillano
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Peppermint
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I'm confused. What was this contract for? A new position that never materialized? What were you doing before? Was THAT job eliminated?
There is no legal requirement to post a job unless there is a CBA or civil service guidelines (if a public employer) requiring it.
They also don't need to give you ANY time to "have your attorney review" the contract unless is contains provisions where you agree not to sue, AND you are over 40. These provisions almost always relate to severance agreements, not employment contracts.
Relative to your pay, are you exempt or nonexempt? What was your last day worked?
There is no legal requirement to post a job unless there is a CBA or civil service guidelines (if a public employer) requiring it.
They also don't need to give you ANY time to "have your attorney review" the contract unless is contains provisions where you agree not to sue, AND you are over 40. These provisions almost always relate to severance agreements, not employment contracts.
Relative to your pay, are you exempt or nonexempt? What was your last day worked?
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I am in the insurance industry. I was in training to take over for a retireing agent. but they wanted me to sign a contract that held me financially responsible for an office lease as well as contracts with yellow pages and advertisers. The retiring agent had not yet submitted thier retirement paper work. The contract that they would not allow me to review had to do with me accepting fiduciary responsibilty for production and service requirements and layed out my commission structure. I am an exempt employee. My last day was last Tuesday
Peppermint
New Member
Let me cogitate on this and I'll get back to you. Oh, as an employee or an independent contractor?
I am currently an employee of the company. But once I sign the contract I would be classified as a temporary independent contract agent for one year. If during that year I meet the production numbers then I would receive another contract that would make me a permenant independent contract agent. However, I would be captive.
Peppermint
New Member
OK, it's getting clearer now.
One more question. As a trainee, may I assume you were a nonexempt (generally speaking, paid hourly) employee or were you considered exempt?
And, as previously asked, what was your last day actually worked?
One more question. As a trainee, may I assume you were a nonexempt (generally speaking, paid hourly) employee or were you considered exempt?
And, as previously asked, what was your last day actually worked?
Peppermint
New Member
OK, let's deal with the contract first. There is no labor law that would require the employer to give you any lead time to have an attorney review the contract. Having said that, I would be very leary of a company that would NOT do so, especially considering the financial liability you may incur by signing it.
Next, the becoming an independent contractor issue. Would you end up being an independent insurance agent (selling for multiple companies)?
Next, the pay issue. I'm not at all confident that, as a management (I'm assuming) trainee, you would meet the criteria for exempt status. But, considering that they were treating you as a salaried exempt employee, that is to your slight advantage. Assuming the workweek as defined by the employer runs, say Sat through Fri, or Sun through Sat, or Mon through Sat, and the 15th fell on a Tuesday, unless they terminated your employment, you would have to be paid for the entire workweek, since you absence appears to be occasioned by the employer.
541.602 here:
http://ecfr.gpoaccess.gov/cgi/t/tex...de=29:3.1.1.1.22&idno=29#29:3.1.1.1.22.7.85.3
Even as a salaried exempt employee, you do not have to be paid for any workweek in which you did not work, regardless of why.
If you are on indefinite "don't come back to work until" whatever happens, file for unemployment and do so immediately; it is not retroactive. This will force the employer to make a decision on your employment status. No state allows the employer to force the employee to write a resignation letter. Having said that, your failure to sign the contract may very well be deemed as a resignation by the state, but you have nothing to lose by filing the unemployment claim. Might work, might not.
Next, the becoming an independent contractor issue. Would you end up being an independent insurance agent (selling for multiple companies)?
Next, the pay issue. I'm not at all confident that, as a management (I'm assuming) trainee, you would meet the criteria for exempt status. But, considering that they were treating you as a salaried exempt employee, that is to your slight advantage. Assuming the workweek as defined by the employer runs, say Sat through Fri, or Sun through Sat, or Mon through Sat, and the 15th fell on a Tuesday, unless they terminated your employment, you would have to be paid for the entire workweek, since you absence appears to be occasioned by the employer.
541.602 here:
http://ecfr.gpoaccess.gov/cgi/t/tex...de=29:3.1.1.1.22&idno=29#29:3.1.1.1.22.7.85.3
Even as a salaried exempt employee, you do not have to be paid for any workweek in which you did not work, regardless of why.
If you are on indefinite "don't come back to work until" whatever happens, file for unemployment and do so immediately; it is not retroactive. This will force the employer to make a decision on your employment status. No state allows the employer to force the employee to write a resignation letter. Having said that, your failure to sign the contract may very well be deemed as a resignation by the state, but you have nothing to lose by filing the unemployment claim. Might work, might not.
I would not have been an independent agent I would have been an independent contractor that was 1099 but held captive to sell only thier products. As far as the pay week was concerned it ran from sat to Friday. I was not considered mangement I was considered a training agent. The other question I have is will they be able to hold my vacation pay they owe me if this is not resolved by the end of the pay period which is this Friday? Secondly, I have called the Hr person who is my contact at the regional office multiple times and she will not return my phone calls. If I dont hear from her by tomorrow should I contact HR at the corporate level? Seems to me like they are stalling for some reason.
Peppermint
New Member
Then I would also wonder if being an independent contractor would be legal.
Payment of accrued vacation at termination is not unconditionally required in PA. PA is a "follow your policy" state.
If you're wondering if they will substitute your accrued vacation for the days you haven't worked, you would have to ask them; they can legally do so.
Calling corporate HR wouldn't be such a bad idea, since you can't get a response from your local HR.
Payment of accrued vacation at termination is not unconditionally required in PA. PA is a "follow your policy" state.
If you're wondering if they will substitute your accrued vacation for the days you haven't worked, you would have to ask them; they can legally do so.
Calling corporate HR wouldn't be such a bad idea, since you can't get a response from your local HR.
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