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re: Retroactive date of termination, is this legal?
Posted on 4/16/23 at 9:59 am to GeneralLee
Posted on 4/16/23 at 9:59 am to GeneralLee
quote:
Yes, but it was supposed to be under the terms of a new consulting contract (which we had a draft of but have yet to sign). Definitely a s***show of a company.
Going off of what has been supplied in this thread, you have no ground to stand on without a signed/renewed contract. Sounds like your per diem status ended on 3/31 per the terms of the previous contract. It can be muddy all the way around, but how can you argue against terms and conditions of a contract or lack thereof? Did your previous contract have language that it automatically renews if a notice of nonrenewal was declared by the organization in a specified time period prior to the expiration date?
This post was edited on 4/16/23 at 10:00 am
1
Posted on 4/16/23 at 10:16 am to GeneralLee
They can’t do that
Posted on 4/16/23 at 10:18 am to GeneralLee
A labor lawyer would eat this shite up. Not sure how much money we’re talking about though. You may have a business decision to make ol’ boy.
Posted on 4/16/23 at 11:18 am to GeneralLee
Alright, be honest with us. How long had you been under contract and have you ever had any poor performance reviews.
Posted on 4/16/23 at 11:22 am to TygerB8R
quote:
A labor lawyer would eat this shite up. Not sure how much money we’re talking about though
I’m pretty sure there is a lot more to the story!
Posted on 4/16/23 at 11:31 am to BK Lounge
quote:
Im no employment attorney
Contact one of these.
Posted on 4/16/23 at 11:49 am to GeneralLee
quote:
Yes, but it was supposed to be under the terms of a new consulting contract (which we had a draft of but have yet to sign). Definitely a s***show of a company.
Sounds like you decided to work for free for some reason. I have a few jobs around the house you could knock out if you want while we finalize a contract.
Posted on 4/16/23 at 12:05 pm to GeneralLee
Is there any special significant to 3/31, e.g. last day of porbationary status, or roll over date for employment contract extension?
If something like those examples you might have some legal recourse.
If something like those examples you might have some legal recourse.
Posted on 4/16/23 at 12:14 pm to GeneralLee
So you worked for 2 weeks and they are not going to pay you for it? Also when you laid off your insurance carries till the end of the month. Sounds like this is what they are doing, by this supposed retroactive lay off on 3/31 your insurance was stopped immediately. Instead of giving you the lay off now and having to carry you till the end of April.
100% contact a lawyer monday morning. If only to screw these shady bitches who do employees like this.
100% contact a lawyer monday morning. If only to screw these shady bitches who do employees like this.
Posted on 4/16/23 at 12:17 pm to GeneralLee
They don’t want to pay benefits in April.
Posted on 4/16/23 at 12:19 pm to blueridgeTiger
quote:
Is there any special significant to 3/31
By law if you are laid off during any point during the month could be 2nd day, doesn't matter your insurance is good till the end of that month. So this action basically ended his health insurance immediately by doing it on 3/31. The thing is he and his family are screwed. Even if he went on 4/1 and signed up for new insurance through the market place it won't be effective until 5/1. All of that part is irrelevant if he didn't have insurance though the employer. But still they screwed him out of 2 weeks salary.
This post was edited on 4/16/23 at 12:20 pm
Posted on 4/16/23 at 12:24 pm to Ponchy Tiger
quote:
By law if you are laid off during any point during the month could be 2nd day, doesn't matter your insurance is good till the end of that month.
This isn’t true, at least in Alabama.
Work for a brokerage that deals in employee benefits and property and casualty for reference.
Posted on 4/16/23 at 12:30 pm to Ponchy Tiger
quote:
The thing is he and his family are screwed. Even if he went on 4/1 and signed up for new insurance through the market place it won't be effective until 5/1.
That's why they have COBRA
Posted on 4/16/23 at 12:34 pm to TennesseeFan24
quote:
Sounds like you decided to work for free for some reason. I have a few jobs around the house you could knock out if you want while we finalize a contract.
Posted on 4/16/23 at 12:35 pm to weadjust
Yeah I have 60 days (from 3/31) to find new insurance, COBRA can be retroactive for up to 60 days following termination. Should have my new job lined up in 2-3 weeks though. 
Posted on 4/16/23 at 12:37 pm to Ponchy Tiger
quote:
So you worked for 2 weeks and they are not going to pay you for it?
I did a couple of hours of work (under what I assumed would be my consulting contract that has yet to be signed), answered/sent some emails, etc., but did not work anything close to 40 hours/week as I assumed I had been terminated but this was not the case yet.
Posted on 4/16/23 at 12:39 pm to Ponchy Tiger
quote:
100% contact a lawyer monday morning.
Probably need to have my new job lined up first before I would file a lawsuit. Also I need to consider whether the couple of thousand dollars we are talking about here is worth burning the bridge with this company.
This post was edited on 4/16/23 at 12:40 pm
Posted on 4/16/23 at 12:50 pm to WylieTiger
quote:Nice try here but you’re not an attorney who specializes in employment law, so don’t misrepresent your expertise.
Going off of what has been supplied in this thread, you have no ground to stand on without a signed/renewed contract.
I’m not either but I’m smart enough to not claim expertise in this area. The OP could be in Canada or California, for all we know.
This post was edited on 4/16/23 at 12:52 pm
Posted on 4/16/23 at 12:57 pm to GeneralLee
quote:
couple of thousand dollars we are talking about here
Damn dude, just chalk it up to lessons learned.
Posted on 4/16/23 at 1:01 pm to GeneralLee
quote:
Probably need to have my new job lined up first before I would file a lawsuit. Also I need to consider whether the couple of thousand dollars we are talking about here is worth burning the bridge with this company.
SO this company does you dirty like this and you are concerned about burning a bridge with them? By all means don't do anything if someone did you like that and you are obviously willing to work for them again then by all means it.
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