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re: Retroactive date of termination, is this legal?

Posted on 4/16/23 at 1:02 pm to
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
68478 posts
Posted on 4/16/23 at 1:02 pm to
That depends on how specialized your line of work is
Posted by Eightballjacket
Member since Jan 2016
7319 posts
Posted on 4/16/23 at 1:02 pm to
You’re supposed to leave some “surprises” around the office on your last day, not a week before your last day. Amateur.
Posted by GeneralLee
Member since Aug 2004
13104 posts
Posted on 4/16/23 at 1:04 pm to
quote:

SO this company does you dirty like this and you are concerned about burning a bridge with them?


With them? no, as I am never going back to work for them, even if they invited me back with a huge raise.

But you never know when burning a bridge could bite you with someone else in their network, that's what I'd be worried about.
Posted by Cymry Teigr
Member since Sep 2012
2105 posts
Posted on 4/16/23 at 1:12 pm to
Were you a W2 employee who then was supposed to become a 1099 contractor after March 31st? If yes and they were working things out with a contract for your duties etc, I’d say you performed work for them they probably don’t have to legally pay you for.
Posted by TBoy
Kalamazoo
Member since Dec 2007
23779 posts
Posted on 4/16/23 at 1:19 pm to
quote:

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.

Hmmmm
This post was edited on 4/16/23 at 1:21 pm
Posted by not Jack
Texas
Member since Jan 2018
394 posts
Posted on 4/16/23 at 2:06 pm to
I will fire you so quick that you will swear it was last month.
Posted by DamnGood86
Member since Aug 2019
953 posts
Posted on 4/16/23 at 2:30 pm to
I always pepper people with 1,000 questions, which nobody likes, because otherwise you can never get to the real truth.

These three pages of posts have shed much light on the situation. It does not sound like the employer did anything underhanded.

It appears they could have handled the paper work better but they communicated the 3-31 termination date and dangled an opportunity to continue as contract labor.

Their actions do not seem malicious and I cannot see how you have been damaged.
Posted by WylieTiger
Member since Nov 2006
12992 posts
Posted on 4/16/23 at 2:31 pm to
I’m just looking for clarity and I’m not an expert.

I read his situation as he was a consultant under contract and that one contract termed and the next one was never signed.
Posted by nola tiger lsu
Member since Nov 2007
5310 posts
Posted on 4/16/23 at 2:44 pm to
quote:

I’m pretty sure there is a lot more to the story!


Of course there is, it went from layoff to firing and clarification of firing of one person in just a few posts.
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
4273 posts
Posted on 4/17/23 at 12:33 am to
I know people are saying get an attorney, but you were a consultant without a contract. Unless you are a member of a protected class and can show that they discriminated against you no labor attorney is likely to take your case because it’s likely a loser. I’m sure you can find a shady one to take your money though.
Posted by BilbeauTBaggins
probably stuck in traffic
Member since May 2021
4553 posts
Posted on 4/17/23 at 12:39 am to
This, and the fact that you're asking this question over halfway thru the month. Sounds like contract work that expired and you kept working without any guarantees.
Posted by Sneauxghost
Member since Sep 2020
1087 posts
Posted on 4/17/23 at 2:27 am to
We “fixed the glitch”
Posted by OceanMan
Member since Mar 2010
20030 posts
Posted on 4/17/23 at 7:53 am to
quote:

t appears they could have handled the paper work better but they communicated the 3-31 termination date and dangled an opportunity to continue as contract labor. Their actions do not seem malicious and I cannot see how you have been damaged.


If he worked and was not paid for it, he was clearly damaged. If he had not received actual notice if termination, and had not executed a consulting contract, seems like he was still working under his perpetual employment contract.

Not a lawyer but it seems like this termination was not notified timely. There is no way the DOL would be cool with companies squeezing close-out work out of employees and cutting benefits.
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