scoutm Report post Posted November 18, 2009 Sorry for the rant that is soon to follow... About 40 minutes ago I left the County Justice Court because a former employee is suing me for $3,900.00 stating that she was terminated and wasn't paid within the required 72 hours. The fact that a court would have even entertained the case is unbelievable. I knew I was screwed when I read the bio on the assigned Judge - a real Sotomayor in training. I'm sitting here looking at the letter of resignation from the employee which of course I provided to the judge. After enforcing a long standing policy the employee in question threw a temper tantrum and tendered her resignation with two weeks notice which we accepted. The following day the employee continued her temper tantrum which was disruptive to the day’s works so we told her we were going to go ahead and make her resignation effect that day. Unsure of our legal obligations in this situation we consulted the Arizona Administrative Code and found the appropriate legal statute which clearly states we were under no obligation to pay her outside the normal pay cycle as long as we did not make the effective date of the resignation any earlier than 15 days from the date she stated in her letter of resignation - which we did not - we made it effective 13 days early and only because she was behaving like a three year old and was being disruptive to the rest of our staff. We provided her letter of resignation, a copy of the administrative code, the policy which the employee had previously signed and acknowledged she would abide by but was now objecting to and testimony from the employees direct manager as to how she was being disruptive as justification for making her resignation effective immediately. At the end of the hearing the Judge turns to me and says that regardless of the employees resignation letter she is leaning toward ruling it wrongful discharge and if I don't find that acceptable her final ruling will provide details on how to apeal her decision. So we now have a case that shouldn't have been heard in the first place that will need to be appealed wasting everyone's time and money, an ex-employee being rewarded for behaving badly and an employer being punished for following the law. How can a judge ignore state statutes, ignore a letter written in the employee's own hand and rule against an employer? This is so messed up!! To top it off as a resignation we paid out the employee's vacation time which in a termination situation we wouldn't have had to and that only served to increase the amount the employee is going to be awarded. On my behalf please put out there postive thoughts that will make this Judge come to her senses between now and her final ruling. Thanks. Share this post Link to post Share on other sites
GameHauler Report post Posted November 18, 2009 That is truly screwed up That is the main reason I have not expanded my company until recently with a great guy. We have had some issues on jobs and hate that crap. (NO, NO one will ever be as good as me ) Can't I just win the lottery. Guess I got to play to win Share this post Link to post Share on other sites
DUG Report post Posted November 18, 2009 Sorry to hear people act like babies. I'm assuming you are a small company. Do you have an HR professional or a company lawyer? If my wife was ever home I could ask her for an opinion as she is in HR. Good luck with the case and hope you don't have to pay her. Share this post Link to post Share on other sites
bowhuntaz1 Report post Posted November 18, 2009 No matter what happens, just remember that the employee is GONE!!! Share this post Link to post Share on other sites
Coach Report post Posted November 18, 2009 Sorry to hear about that situation. I was under the impression that in AZ, an employee could be released for any or no reason with no compulsatory explanation or compensation - outside that already earned. It sounds like you followed the letter of the law and did what you could to make for a peaceful parting, but the judge is "creating policy from the bench" - a true Sotomayer protégée, for sure. The good news is, you have the info to appeal - the bad news, it may cost you more to appeal than to concede. Nothing I can do but give my best wishes. I hope it works out with as little pain and cost as possible to you. Share this post Link to post Share on other sites
