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  • Work after Furlough

    I was furloughed by an office I worked for as an associate due to Covid-19 in March, which was a horrible work experience. They still have not paid me for 5 days that I had worked, claiming that since I only worked half days, then I should not be paid those full days. They continuously did not call me in on the days when I was supposed to work, claiming there was a lack of patients, etc. A lot of lying and games. Just not a good experience overall, so I have now found a better job and moved on without giving them notice.
    My plan was to not return after the furlough, and I never gave them notice. I was recently contacted by their NEW manager asking me when I will return (high turnover rate with staff).
    I would like to not return, avoid confrontation, and maintain good reputation in the community, since they are sharks. Ideally, I would also like to get the money that I was owed too... How can I not go back? What do I say to avoid returning to work for this office?
    Thank you


    My contract states:
    "Employee may only terminate this Agreement “for cause” in the event of a failure of Owner to pay earned compensation, following thirty (30) days’ notice and Owner’s failure to cure such a default.
    Termination for Reasons other than Cause:
    a. Owner may terminate Employee's employment and this Agreement for reasons other than Cause, upon 60 days’ written notice.
    b. Employee may terminate this Agreement for reasons other than Cause, upon 60 days’ written notice."

  • #2
    I guess it would depend on if your request for payment qualifies as sufficient notice that your employer has not paid you your earned compensation. If that qualifies as notice and it’s been 30 days, you should be in the clear. As for actually getting the rest of your compensation, I suppose it depends on how much money it is as to whether it’s worth retaining counsel vs small claims court as well as whether you’re willing to go to court over it (which could potentially affect your community standing which seems important to you). Given your proclivity towards avoiding confrontation and your desire to leave, I’d imagine you could get away with citing your previous notice regarding compensation and they’d be more than happy to let you go to avoid paying you what’s rightfully yours. Would be nice for other docs if you didn’t let this injustice stand but I understand your reasoning for not wanting to make this compensation dispute public.

    Comment


    • #3
      Just remember that in our world of servitude you’ll potentially have all your future employers over the next 10-20 years contacting your current employer to get all the dirt on you so they can have an excuse not to hire you. Leaving on bad terms isn’t ideal. Obviously you should leave but try and find a way to smooth it over or Finish out your resignation time/period.

      Comment


      • #4
        Originally posted by Sundance View Post
        Just remember that in our world of servitude you’ll potentially have all your future employers over the next 10-20 years contacting your current employer to get all the dirt on you so they can have an excuse not to hire you. Leaving on bad terms isn’t ideal. Obviously you should leave but try and find a way to smooth it over or Finish out your resignation time/period.
        How would future employers know who my previous employers are if I do not tell them?

        Comment


        • #5
          Originally posted by Gamyr View Post

          How would future employers know who my previous employers are if I do not tell them?
          How do you explain the gap in your CV?

          Comment


          • #6
            Originally posted by Lithium View Post

            How do you explain the gap in your CV?
            No gap - this was a side job for a few months, once a week

            Comment


            • #7
              When you apply for privileges, you are usually asked to list every other hospital and employer you have had. Similar to forgetting to list income to the IRS, the chances are slim but the consequences high for misrepresenting....

              It initially sounded like these bozos should be punished (probably still do), but the 0.2 FTE side job contractor would probably not be high on my priority list if I were running the group. (Sorry!)

              Comment


              • #8
                “ I was recently contacted by their NEW manager asking me when I will return (high turnover rate with staff)”
                Carefully worded statement to the NEW manager.
                You were furloughed and made the request for the missing pay.
                “A lot of lying and games.” Don’t use the word lying. Given the no response from the OLD manager, you assumed the contract was terminated with no further intent on their behalf. Simply express surprise that they are changing the understanding. No pay and no work is rather unusual to be requesting to revive a contract.

                Don’t expressly say it, but let the NEW manager figure out how to dig out of the hole the OLD manager left. I would not inform them of new employer. Not relevant.

                Comment


                • #9
                  Originally posted by Tim View Post
                  “ I was recently contacted by their NEW manager asking me when I will return (high turnover rate with staff)”
                  Carefully worded statement to the NEW manager.
                  You were furloughed and made the request for the missing pay.
                  “A lot of lying and games.” Don’t use the word lying. Given the no response from the OLD manager, you assumed the contract was terminated with no further intent on their behalf. Simply express surprise that they are changing the understanding. No pay and no work is rather unusual to be requesting to revive a contract.

                  Don’t expressly say it, but let the NEW manager figure out how to dig out of the hole the OLD manager left. I would not inform them of new employer. Not relevant.
                  So what do I say exactly?

                  Comment


                  • #10
                    Tell the new manager that you would first like to get the pay for 5 days and also the pay for the days you were supposed to work but they cancelled and that cancellation on their part was not a part of the contract.

                    If they do not pay, do not go. If they pay then you can talk about this side gig's new terms and contract.

                    Send it as registered mail, with return receipt to make it official and you have proof that you communicated and that they did not respond.

                    Comment


                    • #11
                      I think the money for the 5 days is probably not going to get paid, especially if you do not return. You might get a lawyer's opinion and letter, but that will likely consume whatever they owe you and generate the ill will that you are trying to avoid.

                      I would respond, as follows:

                      "Your practice has broken my contract by failing to pay me for days worked and unilaterally cutting my schedule, and I have decided to move on to another position."

                      Comment


                      • #12
                        I think being honest and frank here is key. You honestly tried contacting them multiple times asking for what they owed you and, after they never replied or told you lies, you decided to move on. Now that they are contacting you, say that you will only consider coming back IF they first pay you everything they still owe you. Save a copy of the email or letter that you send.

                        Comment


                        • #13
                          Originally posted by hightower View Post
                          I think being honest and frank here is key. You honestly tried contacting them multiple times asking for what they owed you and, after they never replied or told you lies, you decided to move on. Now that they are contacting you, say that you will only consider coming back IF they first pay you everything they still owe you. Save a copy of the email or letter that you send.
                          100% I will not be going back
                          I would like to get what I am owed though...

                          Comment


                          • #14
                            Originally posted by VagabondMD View Post
                            I think the money for the 5 days is probably not going to get paid, especially if you do not return. You might get a lawyer's opinion and letter, but that will likely consume whatever they owe you and generate the ill will that you are trying to avoid.

                            I would respond, as follows:

                            "Your practice has broken my contract by failing to pay me for days worked and unilaterally cutting my schedule, and I have decided to move on to another position."
                            "Your practice has broken my contract by failing to pay me for days worked and unilaterally cutting my schedule. While I preserve any and all remedies available to me in law and equity, I have been forced by your breach of contract to obtain employment elsewhere. This necessarily precludes me from scheduling future days at your practice when I haven't been paid for: 1) days I worked at your practice; and 2) days your practice did not schedule me, despite the explicit terms of our agreement. Please contact me at your earliest convenience to discuss making me whole for the harm I've suffered as a result of your breach of contract."

                            While the new office manager may not have ridden in on a horse, the tone of your reply letter may give them a strong suggestion...

                            Comment


                            • #15
                              I contacted the new manager, she said she will look into this, and I have not yet heard back from her

                              Comment

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