I don’t even know whether to laugh, or to cry, at this point.
I think “shocked” is the perfect way to describe these recent events from my now ex-employer. Or better put – LACK of events.
This is probably going to turn into a long ramble/rant, which I feel bad for having just written the beautiful story of Love Drop the other day, but this is how life works. And I’ve never been one to shy away from it. So if you’re in happy la-la-la land avert your eyes! :)
This is the story of how my company has gone bonkers. And pissed me off in the process. I know you’re going to tell me to buck up and do more about it – which is fine – but I do have a plan. It just takes me a while to turn into Mr. Bad A$$. (Remember the wedding photo saga of 2008? Aye…)
Here’s the chain of events:
- I get laid off. Without my last paycheck, any mention of insurance info, severance, or even a termination letter. It literally took 5 mins (the guy was late for a meeting)
- I act as gentlemanly as I ever have in my entire life, in hopes of contracting back to the company. And also cuz I was pretty happy :)
- 3 hours later, I get asked to help out from the same guy that fired me. I say yes, jack up my rates, and ask to be paid up front (I got laid off due to money concerns). He agrees, but never gets back.
- A couple days later I ask about my paycheck – “coming soon”
- A couple days later I ask about my termination letter – “we’re concentrating on paying people first” (You can’t do two things at once?)
- The next day I ask about insurance info – nothing back.
- A couple days later I ask about all 3 items – nothing back
- I get an email forwarded to me that our ex-ceo is still working on it.
- I call – nothing.
At this point I figure either a) they’re ignoring me for good, or b) maybe I can send a bit harsher email over in hopes they realize how dire it is. Because honestly, it’s pretty $hitty not only to fire people right before Christmas, but then to not even give them the courtesy (and legal rights??) to any of the paperwork their owed? And money? They’re obviously up to something.
Luckily I have a safety net under me and an income stream, but that’s besides the point. Many of the others don’t, and it shouldn’t matter anyways – you treat people as people. It can’t be all 24/7 business all the time. If you have something bad to say, you say it and not ignore them.
You can’t pay me? TELL ME. You’re not going to give me a termination letter and follow the rules? TELL ME. Be a man and tell us, we’re not children.
Anyways, I send them this email:
Ex-CEO/Guy who fired me,
In 2 days we have zero insurance and not a note of any sort to resolve this. We need our termination letter asap because we are still technically employed.
I understand the financial situation is dicey, but that should not hold up the other paperwork we are legally supposed to get on the day of our termination.
Please advise as I am running out of patience.
This is unacceptable.
-J$
I don’t know if I’m legally correct here – I’m no lawyer – but I do know they’re supposed to give us something. I went to the Department of Labor‘s site and after 15 minutes wanted to punch myself in the face. How can you find anything on there? It’s a big mosh of crazy words and acronyms! :)
- In return, I get a half-a$$ed email back saying insurance paperwork is in the mail (I’ll believe it when I see it) and that’s about it. WHAT ABOUT MY TERMINATION LETTER?
- I email back – no word of termination letter, but 5 paragraphs on why I can’t get paid yet. Okay, I’ll take that. Although it’s nothing positive.
- I email AND call one more time asking for my Termination Letter! Crickets.
- Then I hear that everyone at the company got paid, except us (I still have friends there).
At this point I’m livid. I don’t know if I have a right to be, but I am. Everyone is getting paid except us? When there’s no money? Come on now. Then I get THIS email from the guy who fired me:
“J$, Hope all is well. I’ll talk to ex-CEO about this tomorrow and get back to you. I’m not sure what the requirements / options are for this stuff. Are you still interested in freelancing for us? If so, I have some work for you.”
HAHHAHAHAHHHAHAHAHAHAHAHHAHAHAAAHAHHAHAHAHAHAAHAHHAHAHAHAHAH
AHAHHAHAHAHAHHAHAHAHAHAAHA!!!!!
Am I in Looney Land??!?!! Do I have “Sucker” written all over me?? Perhaps, but I take this as an opportunity to try and eek out some luck:
“Yup – as soon as I get my termination letter and health insurance info and paycheck, I’m all yours. I can’t be a contractor for a company I’m still employed with ;) Or work for free. Give me a call anytime and we’ll rock it out.”
Haha…See what I did there? I revert back to Mr. Nice guy with a touch of snark. And of course if anyone there reads my blog it backfires ;) But does it really matter at this point?
I think I’ve been more than fair throughout this whole cockamamy ordeal. If they can’t wake up and realize how ridiculous this is, there’s no hope. Which again, is really really sad since I helped start this company before any of these goons even heard of us. But such is life. Now we sit back and ponder our next plan of attack. The saga continues…
(Photo by suez92)
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Am I missing something? Is a termination letter really that important or even required?
Hey J, hang in there. I think things will come to you in the end. However, that health insurance thing IS dicey, so you should be as forceful as possible to ask what the healthcare termination benefits are i.e. is it health care coverage for 6 months after termination or what, and if the answer is that it’s running out THIS WEEK.. then they better get their act together b/c that is a massive liability on their part if something happens to you.
Look into COBRA now if not already and private insurers and pay the 1 month overlap or whatever just in case. You want to prevent disaster scenarios. Then you can bill em for their negligence.
Sam
Sounds like whoever is in charge of HR has absolutely no idea what they’re doing. That’s too bad. I would definitely try to get the Dept. of Labor or some sort of organization involved. Perhaps a kindly worded letter to them with your employer carbon copied might yield some results.
Correct me if I’m wrong, but it seems to be more about their lack of respect and concern for your wellbeing than the termination letter or the last paycheck. I don’t blame you, those kinds of things really make me angry too.
Continue to take the high road man, they were holding you back anyway.
I know you’ve said it was a small company, but did they have absolutely NO HR department? I have friends that work in HR and as far as they have ever told me, they have packets all lined up and ready to go when they terminate people. I also remember when I left my last company they had a packet for me about Cobra health insurance and paperwork to fill it out to roll over my 401k. As far as I know it’s all pretty standard stuff and they haven’t given you diddly! I wouldn’t bank too much on the freelance stuff right now. If they are in such dire financial straits, I’d wonder if you’d ever get paid for the work they want you to do!
I am not an employment lawyer, but here is what I know.
COBRA is retroactive for some time frame…3 months, 6 months? So you do not have to take it right now. If you are sick or injured, you can activate it retroactively and just pay the premiums that would have accumulated. I was laid off in October of 2007. Unknowingly, I immediately filed for COBRA and got stuck with hundreds of dollars in premiums paid on the front end. That money was wasted, but I was panicked.
You might want to look into temporary insurance. If you are relatively healthy and it’s just you and your wife, that might be the best option. An ER visit or routine check up might be a little more expensive, but in the long run you’ll probably come out ahead. I did this once following a job change in which I was without health benefits for 27 days. I called it “hit by a bus insurance.” It guards against catastrophe.
As far as the termination letter, I have never received that. We’ve discussed it previously, so you’re probably aware your side income will exclude you from unemployment if that’s what you’re looking to do.
As far the compensation, I think googling “employment lawyer ” would be the best option. Seems like a strongly-worded letter from a lawyer might do the trick. I’m sure what they’re currently doing is violating some labor law.
I’d advise you to lawyer up. You’re legally obligated to your pay & termination letter. They are in violation of the law dude. The time for Mr. Nice Guy is over.
Do you want me to ask around for some good recommendations? I do work with over 75 attorneys, ya know?
B|tch slap their asses.
That’s all I have to say.
Call your state/province ( i forget where you live) labour board. They are there to protect the workers when the employer is not doing what they are supposed to. and generally they are a lot more willing to help people who are without a lawyer.
Get them on board and the company will be forced to pay out correctly. I work in HR and I can’t believe how unprofessional your company is acting, although it doesn’t sound like they have an HR department (Based on size) so really no one there with any actual knowledge of how a situation like this is to be handled.
Good luck
It’s already been mentioned, but I’ll say it too… start looking into an employment lawyer.
They can probably have this straightened out pretty quickly. You have the timeline pretty well documented, so get all of your documentation (or lack thereof) and setup a legal consultation.
If you have to, go back over there and talk to someone face to face.
Definitely turn them in to your State Bureau of Labor. They are required to give you your paycheck immediately. Like others have said, keep all your documentation together. Sounds like an easy win for you, since YOU have your act together and THEY don’t!
Nope – no HR whatsoever (small startup company) The CEO does it all…or, is supposed to do it all. (!!!!)
@Hank – Termination letter is important for a few reasons: 1) to prove you were laid off and not fired for doing something stupid (like sleeping with the boss’ wife), 2) to show future health insurance folks and/or other places that require you to show it’s a valid “life event” or whatever. Like, if the wife and I want to start using her insurance through school. We have to show them I’m no longer employed due to _____. And also, it’s just GOOD BUSINESS PRACTICE.
@Financial Samurai – Yes, all good points. The Stern J$ is coming out!
@Money Beagle – On it now ;) No HR in our company – very small startup.
@Steph – Yeah! You know, you are so right there. It is more about being respectful and concern for us. You’re so right :)
@Mercedes – For sure… I’m just hoping maybe they at least figure out a way to slip my stuff out, and then once I have that I can work to help the rest of my laid-off friends get theres. That is, if they decide to get back to me again.
@Grant – Thanks dude :) I think you may be right about Cobra too – just got a phone call from a friend who told me something similar. And that “hit by a bus” insurance seems scary!!! haha…. man, just the thought of that! :) But yeah, I read you loud and clear brotha. Thx for spending the time and writing that all out!
@CoffeeCents – You’ll be getting an email from me as soon as I rule out my wife’s former employer – A lawyer ;) In works to do that today. But stay tuned!
@Kevin @ Thousandaire.com – I think it’s time to put the ‘hawk up as high as possible and just walk into their offices. Can they ignore me if I’m standing right in front of them? :)
@Mel – Thanks! And you’re right – no one knows what the F they’re doing there. So unprofessional.
@tom – Yeah, doing my best to try and work it out man to man w/ those guys but starting to really not look good now. Will see what my lawyer friend says and then it’s on.
@pam – Thanks Pam :) Fingers crossed!
I sympathize with your situation! This time last year, I moved across country and negotiated a work at home plan with my employer that quickly turned sour. I loved my job and my clients and I’m still disappointed in the situation. I’m even more disappointed that I’m still unemployed.
What state do you live in? I work for a Dept. of Labor and we have a pretty good website that can answer all (or most of your) questions. You do need some sort of lay off notice so you can apply for and collect unemployment insurance. As far as your paycheck goes, I’d report the company to your state’s department of labor also.
J,
Forget the health insurance/COBRA crap. All that does is give you the option to purchase the insurance you had at FULL PRICE, your share + whatever your company was paying. For me, that was $1,700 a month.
Go to HealthInsurance.com and get a quote. I’m guessing it wouldn’t cost you and your wife more than $300.
You’ll have to account for higher deductibles, of course. But that’s what insurance is for, right, to cover you in case of major emergencies :-)
-Jerret
I’m pretty sure that your employer has to provide your last paycheck within 72 hours of your termination otherwise they are in for big trouble. Definitely check with the depart of labor.
And good grief, people. Not having health insurance isn’t the end of the world.
I would think running out of money and not being able to eat is more important than not having health insurance.
Insurance is cheap if you’re willing to take more risk (and actually use insurance the way it’s supposed to be used).
Even with insurance, I usually pay cash at the doc because of discounts. I would rather pay less (sometimes 50% less) at the doc than to have him file my insurance and me have to pay full price.
Health insurance is not the monster everyone makes it out to be.
J, I have to agree with everyone’s comments on COBRA…it’s a total racket!!!! I’d quote out the health insurance with your wife and start looking privately. USAA has an alliance with a healthcare provider! (Just sayin’…and of course, had to throw that out there!)
Good luck, my friend. I think it’s time to Aquanet the ‘hawk up to the sky and tell them that J$ means biz-ness!!!
wow, they are bananas… this $h!t is bananas…. now, I know I got your singing that Gwen Stafani song. Good luck getting that out of your head anytime soon :)
I agree with Grant, I don’t think a termination letter is anything but a courtesy, however, your last paycheck that is something by law they have to provide you.
Turning you into an independent contractor isn’t all that crazy. By doing so they save on FICA taxes and Medi Taxes.
They suck, sorry J. Hope the other companies you’re working for are more reliable.
Send a demand for payment of wages if you want your last paycheck more than any help you might receive from your old company. The form is free and easily accessible from your department of labor website
Talk to a lawyer about anything else. You really need to see if you have rights to a severance check or continued insurance through your company. From the sound of it, it looks like your company is broke and won’t like the thought of lawyer fees. Which will be good for you :)
(Lawyer, know zip about employment law though-)
Interesting, I didn’t know that about the term letter (see J$’s follow up comment), but it makes sense. Also interesting that they are being shady about getting that to you. I’d type up my own and email it over to them and tell them to print out and sign.
as a former HR person, i know that a formal, written termination letter on the day of termination is necessary to cover their asses and yours. you should’ve received your paycheck the very next day (http://tinyurl.com/brjju). i also believe you are owed for any unused vacation time that you’d accrued through your termination date. they also must notify the insurance carriers and COBRA administrator asap of your termination as all COBRA paperwork must be completed and returned by you within 30 days of your coverage end date. if this were california, they wouldn’t be able to get away with any of these ridiculous delays :p
no wonder they’re having so many problems. i feel bad for their HR department (if they even have one) cause this shit is shady
Wow.. it’s kind of like someone dumped you, and then asked for you back for just for sex!! or friends with benefits!!
What an ordeal. Sorry to hear you are going through this. Hopefully things start to look up soon!
That.ain’t.right.
Wow, I can’t believe they are seriously thinking about trying to get away with this. Maybe because they are a small company they think they can slip through the cracks. I’m no lawyer either, but I think you definitely need to talk someone about this.
First of all…those people are totally and completely insane. Wow. Congrats for not having to work among them anymore.
Contrary to what some people have said in the comments, a termination letter is not always required by law. In some states it might be, but I know in GA, where I live, it is not required. Some do it as a courtesy. Some never do it. There is no legal requirement for it in this state though, so it obviously varies from state to state.
I agree that private insurance is cheaper than COBRA, so that shouldn’t be a problem.
Regardless of any of the rest of it, I totally understand your frustration at their lack of communication, aptitude, and common sense. Just wow.
People that are down on COBRA and J$ for asking about it don’t know up form down. We DO NOT know his or his family’s health situation. Therefore, we can not make judgments as to whether COBRA is a racket. I have a coworker on experimental health maintenance drugs that cost somewhere in the neighborhood of $3,000 a month for one prescription. Were she laid off she would pay the $1,500 a month premium just to have access to those drugs.
Employment in many states is “at will” and they don’t necessarily have to give you a termination letter, however it is standard practice. This helps to prove on both ends the actual separation date and usually lays the groundwork for your continued benefits.
Also, just because J$ works for himself now does not mean that he can not also get unemployment benefits. It all depends on how much time he spends on the current business and possibly his current compensation versus previous. Rules vary state-by-state.
Finally, he is supposed to get his paycheck. They can’t pay others and NOT pay him. I’d be at the Dept. of Labor so fast, their eyes would pop out of the socket. Don’t let them 1099 you UNTIL you have received ALL of your paperwork from them and resolved EVERYTHING from your previous employment with them. If they 1099 you before you have received all of your benefits they can argue against having to pay you some things because you would then be “employed”.
Have you considered hiring Vinny to break their legs if they don’t pay up? He’s much cheaper than a lawyer.
Ooh, living in limbo is no fun at all. I assume you need the termination letter to get Cobra? How could a company go through a mass firing without being properly prepared? No wonder you are furious.
Keeping my fingers crossed for you.
Your employer is legally obligated to give you all monies due to you within a relatively short time frame of your termination (somewhere between 24-72 hours, and likely depending on your state). Additionally, there are pentalties that they now owe you for failing to pay you what you are owed. I’m not sure what state you are in, but you may want to contact your local labor board or file a complaint with someone to ensure that you get what is owed to you.
My state does not require a termination letter for unemployment. They simply contact the employer to verify the reason(s) for the termination and whether those reasons preclude someone from getting unemployment benefits.
I would suggest contacting your local Bar Association for a lawyer referral service. Generally they’re free or like $25 for up to an hour with an attorney. You could probably even get an attorney to write you a nastygram that will tell them to pay you, and how much penalty fees they owe you.
I
That really sucks. Definitely time to start taking action. Too many companies get away with too much. Keep us posted.
I’m an HR/Benefits person so here’s my $.02
Depending on your state, there may or may not be a requirement for a termination letter. It varies quite considerably across state lines.
As for COBRA, you are only eligible for COBRA if the company has 20 or more employees. They are required to send you information about COBRA within 14 days of your termination date however you have 45 days from that date to elect COBRA (and 60 days to pay) and it is retroactive to the date that you lost coverage. If they do not provide this information, you can call the Department of Labor at: 1.866.444.3272 and talk to them. Most of the information about COBRA is found at dol.gov/ebsa/cobra. As others have said, depending on your personal situation, COBRA may not be the best option so I would start researching other alternatives just in case you can get a better deal.
As for your last paycheck, the timing of that depends on your state requirements. It can be as little as 24 hours to as long as the next regularly scheduled payroll (which is the most common time frame). However, it sounds as if they already processed the last payroll. To help with that, you’d need to contact your state’s labor commissioner or Department of Labor.
Post employment independent contracting – depending on how you feel at the end of this saga, technically you are not supposed to be an independent contractor of a company where you were just an employee. So you could always file a complaint with the IRS if you contracted for them and they would have to pay back employer taxes on your behalf. (There’s not much risk to you – the IRS goes after employers for misclassification)
Good luck with getting this all straightened out!
Whoa. What a nightmare. I’m really sorry it has turned out that way!! Esp. since it is a relationship that used to be so good. I’m going through a much smaller scaled and less stressful version of this ridiculousness with my old roommate–who I used to think was awesome–and more than anything, I’m just disappointed that she is acting so crazy and I now have to dislike her so much. but everyone is right–it’s time to forget the past, get angry, and make them do what they are supposed to do! I hate when I have to nag someone to do something THAT IS REQUIRED. WTF?!
Definitely keep a written record of every request and response, etc. And I also agree with the above, you are better off shopping around rather than doing the COBRA thing. Your wife’s school probably has a rockin’ plan–mine did in grad school.
hang in there, J$.
They sound like some shady losers!
Shenanigans of epic proportion! Stay on them J; they’ll have to give you what you ask for eventually.
Hey guys – couple updates:
1) Our Cobra letter is “in the mail.” For a second time now ;) We don’t plan on using it, BUT we want to know that if we get sick tomorrow, we can still activate it while we wait for our new plan to work (another thing on the list to lock down). I’m more pissed that they are so lackadaisical about it all to be honest. All about principle now.
2) All of a sudden everyone else who was laid off and quiet is now up and roaring (yay!) – which means it’s not just me fighting this now, I have help :)
3) One of these guys is checking with his lawyer today — says he’s gotten his money back 100% of the times he’s faught w/ this guy (makes me wonder how often this happens to him? yikes)
Some more responses:
@Corrin – I’m sorry to hear that Corrin :( If you lived closer we could commiserate over a beer!
@Tina – Hey, cool! You guys are fast ;) I still don’t like the site (spent 30 mins and still didn’t find what I was looking for) but I def. appreciate you popping in.
@Jerret – Right. That’s all we want it for is the emergency part. Will add that site to the list we’re currently checking though – thx!
@Jenn – I think you’re right. If not 72 some other number – of which 20 days would DEF be over it.
@Trinnie S – OOOH had NO IDEA USAA had that alliance! Giving them a call tonight!! (Wow, how’d I miss that?)
@sarah – Yes! damn you!! :)
@Evan – I can’t think about ever working for them until they give me my crap. Dang i’m fired up again!!
@Sallie’s Niece – me too :) thx.
@LB – Haha, yeah they’re broke. I did hear about that form while researching yesterday though and it’s also on my list to do. So much man, i’m going bonkers.
@Karmella – It did cross my mind. It also crossed my mind to walk in and hand them the paper face-to-face and see what happens. only i’m insanely busy and would waste hours due to their new location :(
@michelle – Thanks for all the info! Yeah – no HR, just the CEO.
@youngandthrifty – hahahhaa……now THAT is funny :)
@Investing Newbie – They just don’t care about people, pretty plain to see now. bleh.
@Kaye – We will get over it soon :) Guess a good fight every now and then is good for ya.
@Sandy @ yesiamcheap – I like your feistiness! And for sure – no way in hell working there until I get everything back. and even then I doubt it.
@Kyle – Haha… i’m not telling.
@Everyday Tips – Thanks! hope it ends soon.
@LegallyMinded – Thanks for the info! Part of that is already on my list :)
@Jonathan – Yeah, i’m fighting to the end don’t worry.
@shana – Thanks so much!!! all great info, and it helps to hear this stuff a lot too to get me in the right mindset. you rock.
@Sense – We’re in talks with them!! (wife’s school)
@Steph – You said it, not me ;)
@20 and Engaged – no doubt.
It sounds like this outfit is about to go down.
If it were me, I’d get myself to the state labor department ASAP: if the line of creditors forms to the left, you want to be as close to the head of the line as you can get.
You have a relatively short time in which to sign up for COBRA. I can’t remember how long — it’s a few weeks. It’s amazingy expensive, especially to cover your kids; however, the benefit is that it keeps you covered, making it harder for a new insurer to exclude you for pre-existing conditions.
Your company’s insurer is supposed to send you a form letter that states you were covered. This is important. Don’t lose it–it also has the effect of helping you get full coverage on your own.
I’d be really careful about contracting with them until they’ve issued a termination letter and until all of the technicalities, including whatever you need to do about unemployment insurance and COBRA, are done and in place.
If you’re earning so much as a penny, BTW, from a sole proprietorship, you’re not eligible for UI. Consider setting up an S-corp for your business and having clients pay the entity instead of you. I don’t know if that gets around the UI regulations, though–need to talk to a lawyer about it. If it does, it would give you some control by allowing you to select the weeks in which you would not receive UI…the S-corp can pay you whenever you choose.
Yup! Just got Cobra in the mail (Finally!) but no luck on termination letter or paycheck yet. Also in talks with a law firm – stay tuned for an update next week ;)
Oh, and I’m not taking unemployment anyways – make too much w/ all my side gigs to even take it if I wanted…. and plus, I’m not looking for another job! hehe…
Have a great weekend! THANK YOU for signing up to Love Drop!!
Dude, I am sorry to hear the bad news! How lame!
“And good grief, people. Not having health insurance isn’t the end of the world.”
Um, Jerret, it can be a very big freakin’ deal. My 19-year-old daughter, healthy as a horse, wound up on life support in the ICU when a rare neurological illness that struck out of the blue. She was in the hospital for several months and racked up an astounding medical bill. Had my then-husband and I not had insurance, we would probably have had to file bankruptcy.
A friend of mine was looking for private insurance. Because of existing health conditions and her age, she was going to be charged $1,700. Per month. She found a job that was willing to give her decent coverage for $175. Thank goodness.
And me? I’m 53 years old and self-employed. I pay for an HMO because no machine runs for more than 50 years without some maintenance issues. As I found out last week when I fell down some stairs and wound up in the emergency room. It turned out to be just a bad sprain rather than a broken ankle, but it necessitated several X-rays, a walking cast and a pair of crutches. What would that have cost me had I not had insurance?
I hope you live for a hundred years and never get so much as a case of the sniffles. Don’t bet on it.
Donna,
I tried to comment a few times but I keep getting told I’m too spammy :-) Oh well. Thanks for the comments!
-Jerret
@Donna Freedman – Haha, I like how you call yourself a machine ;) To beat those stairs like that? You sure are! Hope you get better soon my friend.
@Jerret – Were you saying anything naughty sir? :)
California unemployment code section 1089 requires employer to furnish you with a letter of termination, or a “change of status”.
Also, if wirking in California, you are entitled to the remainder of your paid vacation days, indescretionary bonus if applicable.
The employer must have paid you at then of you last day, if not, they are subject to paying you for everyday that they didnt up to 30 days, they will also be obligated to penalties by the state. http://Www.dir.ca.gov/dsle/dlsemanual/dlse_enfcmanual.pdf
You shouldnt work even as an independent contractor for people who do not pay you. Its your livelihood, not a game. My advise, as a person whom was in your position, is to call the state. You did everything you could to resolve this amicably.
Good to know, thanks man – we don’t live in California, but we did end up taking our employer to court and we did win! Although by that point it really didn’t mean anything anymore because the company went under and had $0.00 to its name :( In the end everyone lost money, and MUCH more than I did so I was pretty grateful for it. Crazy it’s already been a year and a half since all that, boy…