Employment Law question:?
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Employment Law question:?
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I have been a college professor with the same institution for 5+ years. In July, I signed my 12-month contract, and let them know in August, that I would be resigning as of Dec 31, 2008.
The HR department is now telling my Dean that my "last day" must be Dec 22, 2008, so that they don't have to allow me the "college-closed" vacation days between Dec 23 and Dec 31. I have other vacation days accumulated that I already know I can "cash out." But without them FIRING me as of Dec 22 (which they wouldn't be able to do; my performance is stellar), can they legally require me to leave as of that date, just so that they don't have to pay my holiday pay? And advice would be appreciated!
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midclass.citizen
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Every thing depends on the contents of your contract and resignation letter.
Prima facie , it appears, the management cannot terminate your services and you are eligible to get paid till end December 2008.
Good luck
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Judy
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Sure they can. Holiday pay is a BENEFIT, not something they owe you. They are required to pay you for the time you actually work, not for time off. You are the one who resigned. And actually since you had a contract for the year and didn't fulfill it, they could sue you over that if they wanted to.
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Brigitta
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It depends on what their documented policy is on holiday pay. Many companies have a policy that you can only be paid holiday pay if you are present on the working day before the holiday and present on the working day after the holiday. Check through your employee handbook. |
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Me
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If you signed a 12-month contract in July, doesn't that mean you are technically violating that contract by leaving in December? If you are violating it, what's wrong with them violating it as well and forcing you out by the 22nd? |
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kapn
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You need to review your contract and the policy of the Institution.......then go from there.......do your homework Professor..... |
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