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litebear
Joined: 12 Sep 2009
Location: Holland
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 Posted: Tue Jun 07, 2011 6:09 am Post subject: |
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| No doubt it's a threat. The way I read it he is threatening to reduce/withold your final payments on the grounds you took leave during the semester that wasn't included in the contract. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Jun 07, 2011 7:56 am Post subject: |
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| PEIGUY wrote: |
| litebear wrote: |
| PEIGUY wrote: |
So I told my boss that I didn't want to finish on the 10th and he sent me this e-mail:
Personally I don�t understand what is so big deal with it, but as you are so picky about the niceties, I�ll do the following.
(1) I�ll try to find a way to keep you busy if I get to keep you for extra 11 days
(2) I�ll have to assess the loss incurred by days of absence in the middle of the semester, and then file complaint with the legal authorities. As you are withdrawing your agreement, I have to withdraw my agreement to let you have work days off while the semester is in progress. I am not sure what impact this will have on your last pay and retirement benefit.
I was absent for 2 weeks. One week (4 days) I had a paid substitute come in and teach for me and the 2nd week I was on my honeymoon (both of which were not in the contract but the boss agreed to give to me.) I used that time as vacation time and was paid in full.( a good chunk of the money paid for my substitute the 1st 4 days) so in a sense if he took out those days then he would owe me vacation time. However, I'm concerned about #2.. any thoughts as to my next move? Could he rescind something after it has already happened? Funny how he wants to keep me busy but had no problem paying his teachers to desk warm before. Technically, he gave me 3 extra paid vacation days that were not in my contract so I could only work 8 extra days if he wanted to rescind those vacation days.
Edit: He sent me another e-mail about 30 minutes after the 1st one:
______ the more I think about this, the more maddening it gets. I should have adhered to the minute details of all employment rules. Now it is a good time to straighten things out down to the minutest details. However long it takes and how complicated it can be, I won�t bend for anything. Remember this. Let�s go for the hard way. |
Ooft, this looks like it's gonna get worse before it gets better. By any chance do you have anything on paper or in an email from him about letting you have those days off?
I'd stick to your guns. Tell him you wont leave early unless he gives you the severance early. You're on an F2 so no worries about time pressure if it goes to the labour board. |
I did fill out a request form. I never copied it but i'm sure it'd be on file. By the sounds of his 2nd e-mail that won't happen. Does the 2nd e-mail sound like a threat to anyone? I'm leaving for Canada on the 23rd..(i'm coming back 2nd week in July) gonna be a fun day at work tomorrow. |
Your boss made a mistake. He should have informed you that your vacation was fixed to coincide with the vaction of the students. He should have allowed your additional time off request only as unpaid leave. Then, you could get paid for not working for your last week, just as you desire to do now.
If your boss had only allowed your honeymoon time as unpaid leave, would you have taken it anyway? If yes, then you should not be putting up a fight about this now. One week vacation and a week of unpaid leave either way.
Of course your boss can suck it up and take the loss, or he could just find some kind of productive work for you to do. This, however, is a case of miscommunication and both sides being stubborn. PEIGUY, you really should not get the extra week's pay. It's only due to you as a result of a miscommunication, and it is not certain that you would win in this case should you decide to have a legal battle for such a small sum. The cost in time and aggavation isn't worth it. Especially since you can just choose not to work for the week you don't get paid. You really lose nothing. In essence you are demanding paid leave beyond the contract. This is why you may lose in a legal proceeding as well.
In the end you will both lose if you don't come to some reasonable understanding. Your boss, if he is a wise man, will eventually cave in and pay you for that week. He will give you some work to do. You will have your hollow victory wherein you sell your honor for a few bucks. Your boss will have his honor and pride and lose some money. He will always be able to give you a negative reference and be honest in doing so.
If you both keep on fighting, you both lose, no matter who ends up with that one week's petty cash payment.
Or, PEIGUY, you can choose to be wise, reasonable and honorable. What you should do is draw up an agreement that you will be paid on your last day the total of your severance, airfare and final pay (without the final week) and any other amounts due. Then you will agree to leave early. Actually, your agreement should reference this time as unpaid vacation for the final week so that you complete your year. Present this offer in written form with an apology for the misunderstanding. Hopefully he will agree and sign and you can both go out for a drink after, and finish your year on a positive note.
You should not pick battles with no payoff, that burn what could be resume experience and a future reference. |
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