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parent25 · Jun 14, 2008, 10:37 AM

Ok, kind of long but please read.. I need help/advice/accurate answers!

I started a new job August of 2007... 1mo later I found out I was 14wks pregnant. I told my employer and let them know I would be needing to take maternity leave for at least 4wks once I had the baby and that I would definitely be returning. She said OK that was fine. I worked all the way until I had the baby on February 11,2008. While I was out my health insurance was not paid. I had to pay over $600 in premiums to my employer to keep my health ins active while I was out. I returned to work March 18, 2008. I no longer had to pay my premium and my employer paid it as usual and the way it was before I left work to have the baby.

Was this legal for them to make me pay them? I was not terminated, I was not on cobra, I was just gone on maternity leave. And only for 5wks.

Also, yesterday I put in my two weeks notice because I am not happy there and found a better paying job. She told me "oooohhh Im so sorry but we need 30 days", I told her I am set to begin on the 30th with my new job and then she said I signed a contract. I then told her I was under the impression that contract was only for the actual therapist and not me (just the receptionist). I haven't seen the contract but I do remember signing something at the beginning of my employment with them. At that time she told me not to pay much mind to it since it was more directed towards the therapist and not me.

What are my rights here? Isn't 2wks sufficient for my position (again, just a receptionist position not a therapist.. ) And if indeed I did sign a contract saying I would have to give 30days notice and I don't, what can they do? Can they hold my last paycheck if I only give 2wks?

Please help! I have tried to go to the workforce commission site to learn about the laws but I can't understand any of it or find exactly what I need... oh and fyi, I live in state of Texas.

Thanks.

Fr_Chuck · Jun 14, 2008, 11:00 AM

You were out on non paid leave,? Of course you will be espected to pay for the health insurance, esp since they can never be sure you will come back. It is common for them to expect you to pay for your own insurance while on leave.

And two weeks is OK, unless you signed a contract to give 4 weeks. If you signed to give them 4 weeks and did not, what penalty does the contract give them,

froggy7 · Jun 14, 2008, 11:05 AM

Most employment is "at will", so you could technically leave tomorrow and not have a legal problem. You won't get good recommendations, but it's not illegal. However, if you did actually have a work contract, it would depend on what the contract said about giving notice, etc.

parent25 · Jun 14, 2008, 11:43 AM

Even if I signed a contract? I don't think I did but if I did, are you sure I don't have to give any kind of notice? They Won't hold my last ck and they will still pay me my pto I have??

Thanks a bunch.. I was just nervous that they could keep me from starting this new job that I'm super excited about!

parent25 · Jun 14, 2008, 11:50 AM

Hmm, I'm still confused. Ok so I guess what you guys are saying is that I will be obligated to be there for 30days then. OK.

parent25 · Jun 14, 2008, 11:56 AM

Oh and no I was not on non paid leave the whole time. Two of those weeks were paid by my accrued pto time.

twinkiedooter · Jun 14, 2008, 12:01 PM

Ask to see the paper you signed. You should have gotten a copy of this anyway if this was a contract you supposedly signed. Also, you were required to pay your own health insurance while you were not actually working but on leave from your job.

N0help4u · Jun 14, 2008, 12:08 PM

I missed the part about her saying you signed a contract.
Tell her you want to see the contract you signed if you can't find your copy of it.
If it does not specifically state 30 day notice to quit then I wouldn't worry about it.

Fr_Chuck · Jun 14, 2008, 12:12 PM

Posts combined

froggy7 · Jun 14, 2008, 12:14 PM

What I'm saying is that you need to go to HR and ask to see your contract and see what it says. I mean, I have hiring contingencies in my current job that essentially impose a huge financial penalty on me if I leave before 2 years is over (they advanced a large sum of money in bonuses when I got hired), but even that doesn't have anything saying how much notice I have to give if I choose to do so. So I'm pretty sure you don't even have to give the two weeks notice if you don't want to. However, your contract may override that, and the only way to find that out is to go look at it.

excon · Jun 14, 2008, 02:13 PM

Hello:

I doubt very seriously whether you had a contract. Even if you did, they can't hold your last check. The contract will say what penalty they're entitled to. However, I'm SURE you did not sign a contract.

If they think they were damaged by you leaving and NOT giving 30 days notice, they'll have to prove it in court.

No. You can leave tomorrow. They're not going to give you a good recommendation anyway.

excon

parent25 · Jun 14, 2008, 04:12 PM

Ok so just to be clear... if I did sign a contract (I will ask on Monday to see a copy of whatever she is saying states this) saying I would have to give 30 days notice and I Don't and leave after my two weeks notice...

1) they can NOT hold my paycheck and will still pay me my pto I currently have accrued?

2) the worse you think will happen is that they will not be a good reference for me? (which is fine since I have gotten another permanent job where I plan on being for a very long time hopefully)

Thanks a lot.

froggy7 · Jun 14, 2008, 04:27 PM

Originally Posted by parent25

Ok so just to be clear....if I did sign a contract (I will ask on monday to see a copy of whatever she is saying states this) saying i would have to give 30 days notice and I DONT and leave after my two wks notice...

1) they can NOT hold my paycheck and will still pay me my pto i currently have accrued?

2) the worse you think will happen is that they will not be a good reference for me? (which is fine since i have gotten another permanent job where i plan on being for a very long time hopefully)

Thanks a lot.

If you did in fact sign a contract, the worse thing that will happen will be whatever the contract says. But it's not likely that you signed a contract.

parent25 · Jun 14, 2008, 04:32 PM

Ok OK sorry just ONE MORE question :)

How come so many of you are SURE its not a contract that I signed? Of course I am hoping you guys are right cause that would definitely be just fine for me.

Im just so nervous. Again this is a wonderful opportunity I have with this new job and I don't want that to be jeopardized in any way... Also, I'm worried about my current employer refusing to pay me because of not giving 30days. (I am pretty much living paycheck to paycheck so it would really hurt if they hold it)

westnlas · Jun 14, 2008, 04:43 PM

The only thing an employer can do if you quit is to seek the damages stated in the contract. You can leave anytime you want. They may be able to withhold some of your wages and even sue you for damages, but they cannot make you stay. First talk to the new employer and see if they can hold the position open for you for the additional time. If you are honest up front, they will probably work with you. You might even offer to come in after hours, off the clock for pre training, to get adjusted to the new position. You really need to get a copy of the contract you signed and see what it says. After all, you gave your word on something, so it would be in your interest to know what it was.

froggy7 · Jun 14, 2008, 06:00 PM

The reason that most of us don't think that you have a work contract is that most positions don't use them. A work contract is generally used if you need someone to do something for a set time or project, so it has a defined end-point. And you would know what that is, which you don't seem to, which makes it much more likely that you were under the standard "at will" employment.

Fr_Chuck · Jun 14, 2008, 06:08 PM

Also you may want to double check, not all states require paid time off
(vacation time) to be paid when you leave.

parent25 · Jun 14, 2008, 07:50 PM

Thanks a bunch you for all the info.. it has definitely helped and was exactly what I was needing..

Oh and fyi, just talked to a co-worker and she had a copy of the "contract/employee handbook" (she is one of the therapist).. anyhow, it said a 30day notice must be given and failure to do so will result in nonpayment of accrued pto. She was missing one page so there may be more but we're pretty sure that was the just of it.

Soooo, I only have like 5 hrs so I am not losing out on a lot! :)

Again, thanks for all yalls help!