Tek-Tips is the largest IT community on the Internet today!

Members share and learn making Tek-Tips Forums the best source of peer-reviewed technical information on the Internet!

Register Log in
  • Congratulations IamaSherpa on being selected by the Tek-Tips community for having the most helpful posts in the forums last week. Way to Go!

Secret Deal After Official Resignation Date 4

Status
Not open for further replies.
smedvid

smedvid

MIS
May 28, 1999
1,228
US
Just wanted to solicit some opinions, although having common sense.. I believe I already know the answer...

My wife an MCT/MCSE/A+ Instructor resigned from a postion at a national training institute just yesterday. Her last day (per resignation letter) will be 08/15. As a courtesy, she offered to be a consultant on the 2 to 3 nights a week that she is teaching, since the end of the semester is 09/01.

Her boss wants her to do the following:
-1st not tell anyone she resigned, a common practice imho.
-Work till 09/01 and take each Friday off. This time would not be counted against her PTO/Vacation time she is owed (4 Days).
-Don't tell anyone about the secret deal above.

She prepared an addemdum memo to her resignation letter. That clearly identified that she will not lose PTO/Vaction time and has changed her resignation date. She also stated that she may work at home certain days (i.e. Fridays) where she is available for calls.

Her boss has refused to sign this addendum memo and wants her to trust him on the verbal agreement. He does not want the corporate office to know the details.

As a business deal, I recommended she get everything in writing... Again ,common sense imho. So.. what do u think. Should she just have 08/15 her last day and leave the training company and students hanging or accept the risk of a secret deal?

Steve Medvid
"IT Consultant & Web Master"

Chester County, PA Residents
Please Show Your Support...
 
Sort by date Sort by votes
Get it in writing.

It could have implications with the local goverment employment compensation office. For example: the boss might be trying to get out of paying the unemployment taxes that two weeks.

Chip H.
 
Upvote 0 Downvote
Doesn't sound right to me either. I would give the boss two choices - either sign the addendum, or the original letter remains in force.

There could any number of reasons why the boss would not want to sign the addedum, but I cannot think of any valid ones.

Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein
 
Upvote 0 Downvote
Get it in writing. Today's business world is not one where verbal agreements are to be trusted. If the boss doesn't want to put it in writing then have the original resignation stay in effect or tell him to have HR put a new deal in writing. Without the words on paper the agreement is useless in todays enviroment.

"Shoot Me! Shoot Me NOW!!!"
- Daffy Duck
 
Upvote 0 Downvote
Samuel Goldwyn once said, "A verbal contract isn't worth the paper it's written on."

If the deal offered your wife is above board, even if it is to be kept quiet, her boss should have no problems signing the new agreement.

If it's not above board, then your wife must insist that the boss sign it, if for no other reason than to protect you and your wife.

Either way, this deal smells fishy to me. Your wife's probably better off not taking it.

Want the best answers? Ask the best questions: TANSTAAFL!!
 
Upvote 0 Downvote
Thanks for the input everyone...

I was 99.99% sure that she should get it in writing... Not sure why he desires to keep it secret. I will recommend to my wife that she demand he sign the addendum on Monday or the original resignation date will be in effect.

In today's world, it is better to get everything in writing. That way there is no confusion to an agreement.

Steve Medvid
"IT Consultant & Web Master"

Chester County, PA Residents
Please Show Your Support...
 
Upvote 0 Downvote
Trust me, don't even think about NOT getting it in writing. I worked for the same manufacturing job for over 12 years as a network person. Made it to "Internet Server Admin". Times got tough, and everybody the company didn't think they needed, they eliminated our jobs and put us in the shop running machines. I thought about getting the admin job in writing, but didn't. I'm not bitter because I'm still working, plus I have more time for my business, but I will NEVER again not get everything in writing. Best of luck to the both of you.

Glen A. Johnson
Johnson Computer Consulting
MCP W2K
glen@johnsoncomputers.us


Want to get great answers to your Tek-Tips questions? Have a look at FAQ219-2884
"The one duty we owe to history is to rewrite it."
Oscar Wilde (1854-1900); Anglo-Irish playwright.


 
Upvote 0 Downvote
If i remember my business law certain aspects of an employment agreement HAVE to be in written to be valid, much like real property agreements. If I remember the details, I'll post.
 
Upvote 0 Downvote
Great Advice

- My wife is going to confront her boss today and ask "why" he does not want to acknowledge a verbal agreement that he made. She will ask that he sign the agreement or her original resignation date will be in effect. I really suspect, he was going to charge her vacation time any day she did not show up. This guy has already docked people for leaving an hour early for doctor appointments.

It is unfortunate, since she will leave a dozen (or so) students hanging for the end of semester (last 2 weeks). But, she made every effort to help resolve the situation and was gracious in even making the offer imho. From a professional courtesy view point, I would like to tell my wife to finish the semester; but she is burned out teaching night classes. And, the compensation for her skills is undervalued. Not to mention the unpaid OT. They are the (2 or 3) reasons she is leaving.


Steve Medvid
"IT Consultant & Web Master"

Chester County, PA Residents
Please Show Your Support...
 
Upvote 0 Downvote
Understand... her boss is probably not authorized to make specific contractual agreements (employment or otherwise) with anyone. Such an agreement would have to be between the company and her, not him, he's just an agent for the company. Even if he signed the agreement, I doubt that she could force the issue since the company issues the benefits, not him. And if the company says "we didnt authorize him to make that agreement, she'll probably be out of out.

Even if he IS authorized to make contracts, in the event he renigged and she wanted to sue, the company might say, "he was operating out of the scope of employment/authorization."


NOTE: No legal advice is intended, just my opinion from working in a legal office for over a decade.
 
Upvote 0 Downvote
Kjonnnn:
Yeah, but the same would be true for the verbal agreement, too. If the boss isn't empowered to bind the company contractually with a written contract, then he is no more able to do so with a verbal contract.

At least getting it in writing will stop the "(s)he said/(s)he said" problems.

smedvic:
Fellow member kjonnnn has made a very good point. Generally, only the officers of a company are legally empowered to bind the company contractually without restriction. Other employees of the company can be given limited binding authority -- for example, the contractual obligations a purchasing agent can place on her company to pay for certain items ordered by the agent.

It might be wise to add verbiage to the document which states that the boss is legally able to sign the document on behalf of the company. If it turns out he is not, and the company starts saying that the boss overstepped his authority by agreeing to the terms of the document, you can always go after the boss directly for making a false statement.

Also, make sure that the document states very clearly what is to become of your wife's owed vacation days, etc.

Want the best answers? Ask the best questions: TANSTAAFL!!
 
Upvote 0 Downvote
But thinking is that he doesnt intend to honor the agreement anyway. It'll be much easier for him to say that "she misunderstood me" and save his tail, than if their agreement is writing.
 
Upvote 0 Downvote
Also talk to the EEOC. Its free. Unless they've changed things, you need to go through them for employment issues before you can file a civil suit.
 
Upvote 0 Downvote
Just one more thing. Is your wife under a contract or an "at will" employee? Makes a difference on how you handle it.

 
Upvote 0 Downvote
Again, thank u all for ur comments. Here is how the story ends...

My wife has resubmitted her resignation letter with a date of 09/08. She did want to abanbon her stundents at the last minute. Very honorable of her. Her boss has promised that she can take off one day a week between now and her last day, without affecting her vacation time. I gave her my advice as well as everyone elses... In the end, the decision was hers. I may have handled it differently myself since my level of trust with her boss is not very high...

Great advice to get everything in writing!



Steve Medvid
"IT Consultant & Web Master"

Chester County, PA Residents
Please Show Your Support...
 
Upvote 0 Downvote
Hope things work out good for her. Best Wishes.
 
Upvote 0 Downvote
smedvid:
"Get it in writing" is not a general enough a rule to allow for creativity.

Try "Get a permanent record". In the United States, for example, a person can record any face-to-face conversation (not over the phone -- different laws apply) without informing the other party that the recording is being made. And that recording is admissible as evidence in a court of law.

Want the best answers? Ask the best questions: TANSTAAFL!!
 
Upvote 0 Downvote
Just a bump to see how this worked out.
Any details?
 
Upvote 0 Downvote
As a final update - My wife opt'd not to get anything in writing. Which was against my recommendation. Everything appears to have worked out Ok, and she got all her vaccation time without a problem. However, she was supposed to have a loose schedule her final week of employment, and she ended up working a full week, with the exception of a couple of hours for a doctor appointment... She certainly had earned that time off with all the extra hours she worked late at night and weekends preparing class notes and lesson plans... Again, thanks for all the opinions... take care.

Steve Medvid
"IT Consultant & Web Master"

Chester County, PA Residents
Please Show Your Support...
 
Upvote 0 Downvote
Status
Not open for further replies.

Similar threads

paultaylor04
  • Locked
  • Question
Review and resignation 2
Replies
16
Views
129
chiph
chiph
MasterRacker
  • Locked
  • Article
Ineresting info about the Google/Youtube deal
Replies
0
Views
65
MasterRacker
MasterRacker
aHash
  • Locked
  • Question
Where to head after 10 years of coding/development
Replies
2
Views
36
aHash
aHash
mark01
  • Locked
  • Question
What percentage of people buy after downloading your applications
Replies
5
Views
37
SamBones
SamBones
ChrisHunt
  • Locked
  • News
Passwords are not for Security - Official 1
Replies
9
Views
43
skiflyer
skiflyer

Part and Inventory Search

Sponsor

Back
Top