Quitting After Mistreatment by a Supervisor
My question involves labor and employment law for the state of: Massachusetts. I asked my boss a question last Monday and she clearly didn't like it and blew up on me. She wanted to speak to me again after work so I recorded the conversation of her yelling at me and personally attacking me. She said all these terrible things about me. One girl who heard it quit the next day because she didn't feel comfortable working there anymore. I tried to be professional and gave my written 2 weeks notice. I feel sick when I go to work so I told her that I couldn't fulfill the 2 weeks and that this would be my last week. She proceeded to scream at me again going as far as telling me that she will sue me and tell all my clients how awful of a person I am and that I abandoned them. Can she sue me? I don't even want to work this week now, she makes me very anxious.
Re: Hostile Work Environment
Unless you have an enforceable contract stating that you must provide at least two weeks' notice, then no, she cannot sue you for this reason.
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I did not sign a contract. So that means I can tell her I'm not coming back after tomorrow with no worries? Yay. Thank you for your help.
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While this is not legal information, I just have to say...
...you're well rid of that situation.
One thing though. You cannot legally record that conversation without her express consent. See here: http://www.dmlp.org/legal-guide/mass...-recording-law
Re: Hostile Work Environment
FYI, the term, "hostile work environment" has a very specific meaning in employment law, and this does not meet the definition. Not even close.
You can leave tomorrow and she cannot sue you. However, you will also not get unemployment.
And Doggie is quite right; in MA you cannot legally record her without her consent. So I don't know what you plan to do with that recording, but whatever your plan is, I'd rethink it since it was obtained illegally.
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So just to clarify even though I gave her a letter saying I would stay 2 weeks I can still leave without being sued? Sorry I've just never dealt with anything like this and I'm SUPER anxious.
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Yes. Even though you gave her a letter staying you would stay two weeks, you can still leave without being sued.
You will not get unemployment. You can count on a bad reference.
But she cannot successfully sue you. Google, at-will employment.
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You guys are the experts: Can she ask to speak to this person "after work"? I doubt there is anything she can do, but wanted to ask?
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She can ask. The person can refuse.
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I guess I should have been more specific.
She said in her original post, regarding the boss: She wanted to speak to me again after work.....(this is when OP recorded the boss)
I am wondering if that is something the OP may have on her side, since this conversation appears to have been off the clock?
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I'm still not understanding your point. What benefit do you see this gaining the poster?
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PandorasBox
I guess I should have been more specific.
She said in her original post, regarding the boss: She wanted to speak to me again after work.....(this is when OP recorded the boss)
I am wondering if that is something the OP may have on her side, since this conversation appears to have been off the clock?
I'm also not seeing what you're talking about.
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The recorded conversation was off the clock after work. Also I didn't sign anything saying I wouldn't tell my clients I was leaving now she's saying she will sue me if I tell them I'm leaving and give them my contact info. Can she do that? I can't wait to be done with her. :(
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I am just wondering if it was right to want to have that talk off the clock? Guessing not, but thought I would inquire. Shouldn't any work related discussion have been held ON the clock, vs OP's personal time?
Re: Hostile Work Environment
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PandorasBox
Shouldn't any work related discussion have been held ON the clock, vs OP's personal time?
The employer can ask her to talk any time. The OP could have said No since she is on he own time.
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Shknntstrrd
The recorded conversation was off the clock after work. Also I didn't sign anything saying I wouldn't tell my clients I was leaving now she's saying she will sue me if I tell them I'm leaving and give them my contact info. Can she do that? I can't wait to be done with her. :(
Did you sign a non-compete agreement?
Giving your clients your contact info can land you in hot water (and depending on industry also make your future employer(s) wary). If you solicit your current clients then there is a good chance you can be sued, I wouldn't even think about it without thoroughly reviewing every employment document you signed. If your clients seek you out after you leave then you should be free and clear.
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I am not giving info just letting them know I'm leaving. It's easy for them to find me online if they look me up. I signed nothing that said I couldn't tell them I was leaving.
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Shknntstrrd
I am not giving info just letting them know I'm leaving. It's easy for them to find me online if they look me up. I signed nothing that said I couldn't tell them I was leaving.
But you said
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Shknntstrrd
now she's saying she will sue me if I tell them I'm leaving and give them my contact info. Can she do that? I can't wait to be done with her. :(
Giving them your contact info is a big no no, If they ask you where you went, or if you can tell them the truth. However contacting them with the intention to retain them as clients will get you sued.
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I'm noticing very careful wording here.
Shknnstrrd- yes or no. Did you, or did you not, sign a non-compete agreement? Please note that the question is NOT "did you sign anything that says you can't tell your clients you're leaving". I am asking a very direct, very specific question. If yes, we can then review what you can and cannot be held to but for now, I just want a Yes, I signed a non-compete or No, I did not sign a non-compete.
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No I did not sign a no compete agreement. Sorry I misunderstood you. Also since I last posted I heard her say that if I tell anyone I'm leaving she's going to kick my ass. Then she yelled at my client for saying how great The haircut I gave him was and proceeded to tell him how awful I am. He was horrified. Needless to say I don't work there anymore because she makes me feel uncomfortable and frankly unsafe around her. Before I left she fiscally grabbed me to stop me because I didn't wash my chair thoroughly enough and I had to ask her to get her hands off me twice. Good times...
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If you did not sign a non-compete then you can tell anyone you want that you are leaving.
However, I agree with whoever it was above that said you risk legal action if you make an active attempt to take clients with you. "Sorry, after Saturday I won't be here" is fine, and if they say, "Oh, where are you going?" you can answer. "Starting Monday I'll be working at ABC - please come see me there" is dangerous EVEN IF you didn't sign a non-compete.
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I didn't tell anyone anything. She's just worried that she's going to loose people. It's very easy to find me online. Thanks for all the advice, it's given me peace of mind. I just needed to know that if I get a summons for leaving that I don't have to be scared. Idk what she would get out of that anyway, she just likes to bully people and make them upset. I think it's like a fix for her or something. Thanks again you've been a huge help :)
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Sounds like you're well out of there. Good luck. :)
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Thanks for helping people like me who have no HR department to report things too :) I'm sure your advice has helped a lot of people through hard confusing times. Thank you thank you thank you :)
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