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-   -   Termination of Employment by Email (https://www.askmehelpdesk.com/showthread.php?t=96582)

  • May 28, 2007, 11:38 PM
    GEWALKER
    Termination of Employment by Email
    Hello

    Yesterday, I received an email from my employer advising that my 'Contract of Employment' had been terminated.

    The payment cycle is 2 weeks in arrears and my pay for the last 2 weeks that I have worked should have been in the bank yesterday, however it wasn't.

    They owe me 2 weeks and 1 days pay which they have not paid me.

    How can I get my pay from this company?

    Also, in the termination email they asked me to return a pass key, however as they have terminated me , asking me to to anything now is unreasonable as they have terminated me.
  • May 28, 2007, 11:55 PM
    modular01
    I wouldn't return the key until finding out what happened to your pay that you are owed.
  • May 29, 2007, 12:06 AM
    Clough
    It was very tacky of them to terminate you by advising you in an email. Very unprofessional! No REAL signature from the person who wrote it. You are probably better off without them if they operate that way.

    My suggestions would be, that if you really had a contract of employment as a form of a paper document, then I would look over that document very carefully and see if there was anything that they did that would be considered a breach of it.

    When communicating with them, if you do so in person, I would make sure that you have a witness with you. Don't talk to them alone, even on the phone. Have someone on another phone on the same line and inform them that you have someone else on the line.

    If you communicate in writing, I would send what you have to say by certified or registered mail and have it notarized. Having it notarized really isn't necessary, but it makes it look more official and like you really mean business. Most notaries do their business for free.

    If you have documented proof of the times that you have worked for them, then I would include copies of it in any correspondence with them.

    If you know someone in the company who can give you the documented proof as to when you worked for them, I would get that from them.

    If your pay was supposed to be in the bank because of an automatic payment schedule made by them, that should also be part of any documentation that you provide to them.

    Do these things quickly to avoid any problems with grievance procedures within the company policies or applicable laws where you live.

    I am sure that there will be more advise from others on this site concerning your situation. I don't know everything about these sort of things and I'm not "in your shoes" at the moment.
  • May 29, 2007, 12:10 AM
    GEWALKER
    Hello,

    Yes I agree but

    How can I find out what has happened to my pay, the thought of ringing them up (which costs me money), is really upseting.

    They can be so very mean (the pass key is for a major bank - one my my ex-employer's clients).
  • May 29, 2007, 12:19 AM
    brandy681
    Sometimes jobs will send a final pay via check instead of routing it to the bank. I would call them if are concerned and ask them about your pay!
  • May 29, 2007, 12:21 AM
    Clough
    Quote:

    Originally Posted by GEWALKER
    Hello,

    Yes I agree but

    How can I find out what has happened to my pay, the thought of ringing them up (which costs me money), is really upseting.

    They can be so very mean (the pass key is for a major bank - one my my ex-employer's clients).

    I'm not sure why ringing up your pay is going to cost you money? I would think that your would be able to do that yourself?
  • May 29, 2007, 12:40 AM
    brandy681
    I agree with Clough? Is there a long distance charge you have to pay and you don't have that on your phone service or is it something else that costs you? I don't understand but I would definitely call and ask about it because that is A LOT of pay that you will be losing from this company!
  • May 29, 2007, 04:40 AM
    GEWALKER
    Hello All

    In additon to the security pass key for the bank that I have, I also have a Lap Top that my ex-employer gave me to use for work when I first joined the company. In the termination email they sent to me, they only requested the security pass.

    The termination did come as a shock, hence I am trying to speak to them as infrequently as I can. I did just now send them an email stating that I will be happy to return the security pass once my pay has been deposited into my bank account (or when they have a cheque ready to give me). Also, I would like to be advised of the date that my pay will be made available either by bank account or by cheque.

    Should I let them know that I also have a Lap Top of theirs? (it seems they forgot that I had this).
  • May 29, 2007, 05:18 AM
    NeedKarma
    Just to add: the passkey card is a non-issue - the company simply disables access based on the code that the card carries. It's not leverage for you, sorry.
  • May 29, 2007, 05:19 AM
    shygrneyzs
    Clough has excellent advice. So that is my advice, to listen to what he said.

    About the laptop, what does your contract state about the laptop? If you are allowed to keep it, fine. If you are to return it, return it. If there is nothing written in your contract about the laptop, then by all means, return it. You do not want that company coming back to you stating you stole something of theirs. Returning it shows that you are acting decently. Which is more than what the company is doing.
  • May 29, 2007, 05:31 AM
    chippers
    The company has to pay you all they are in the rears for. As for the lap top, I would return that as well. Talk with human resources as to why you were terminated that way. In New Jersey, you can not be terminated over the phone or by email. It has to be in person or registered mail. You don't know where that email originatedf rom and it could be a joke or really bad work practices. Contact your states department of labor and ask for advise. They can even start an investigation. If the company is guilty of wrong doingthey can be fined until they comply.
  • May 29, 2007, 05:34 AM
    Fr_Chuck
    Normally at least in the corporations I have worked for, lasts checks are not direct deposited, but are normally held in personel pending the return of all company property. You go in and hand over keys, and other property belonging to the compnay the HR person hands you your check.

    At the very min we always mail the last check ( don't ask why it is a custom started years ago)

    If you don't and they discover it is gone, it will not only ruin any reference you may ever want from them. But it can make you subject to criminal charges or at the very least civil action against you.
  • Jun 3, 2007, 12:45 AM
    go4011s
    "The termination did come as a shock, hence I am trying to speak to them as infrequently as I can."

    This seems kind of childish and counterproductive...
  • Aug 24, 2007, 06:39 PM
    Thirst2know
    Termination by email is a bit weird for a company that would give an employee a laptop for their use when they're working. I would contact the HR department and confirm the information after receiving the email and not just leave. If the email is true you can always ask HR with regards to your last payroll check, whether you'll receive it by mail or pick up when they run their normal payroll. With regard to "cost of contacting" how would it cost you? I'm wondering if your check amount is less than the "cost of contacting" the company. Just curious.
  • Aug 24, 2007, 06:52 PM
    GlindaofOz
    I would advise you to hold onto the laptop and send a letter via registered certified mail and have it notarized requesting your back pay. Request for them to respond in writing so that way you have a record of what they said and they cannot back peddle and say oh no that's not what we said. Keep a copy for yourself of the letter you sent.

    Comb over your employment agreement chances are you are in a state that is an "at will" employer meaning that they do not have to build a case against you in order to terminate employment. However, to do it over email is beyond unprofessional. May I ask what field you work in?
  • Aug 24, 2007, 07:23 PM
    biggsie
    Having been terminated from my last job I understand many of your problems...

    I really had many things I wanted to say but decided not to lower myself to

    Their level... I packed my tools and turned in everything required... The union

    Really did not help me when I turned to them... The biggest problem was my

    Son inlaw still worked for them, I didn't want to make waves, he ended up being

    Terminated anyway... I'm retired and struggling, but working for them was pure

    Hell!

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