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  1. #1
    Join Date
    Jul 2012
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    4

    Default Resignation After Filing a Grievance, Can I Demand Pay for Entire Notice Period

    My question involves labor and employment law for the state of: Kentucky

    I was suspended without pay for 1 week because I didn't renew my professional license. I was never told by my employer I had to maintain the license so I simply chose not to renew it because of its cost. My professional license expired 10/31/2011 and on 6/26/2012 they told me I was suspended without pay until I got my license back. I have never had any personnel actions at this job and was unaware of this requirement so I filed a grievance. The Human Resources director promptly called me and worked out a compromise to only suspend me without pay for 1 week and reassign me until my license is reinstated. My professional license will be reinstated it is simply just a waiting game. I was able to find a better position elsewhere and after I got my grievance response plan in writing, I gave them my resignation letter and notice to be effective 8/3/12. They called today saying I could go on ahead and leave if I wanted but I told them no I needed to be paid for my remaining time and would not do this. I don't think they have grounds to do anything to me but wanted to ask the more I think about it their actions could almost be construed as retaliatory. Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,098

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    No, you have not described any form of illegal retaliation.

    And if they want your last day to be today, or tomorrow, or some day prior than 8/3, then it is. They can't force you to work longer than you want to, but likewise you can't force them to let you work if they don't want you to. (And no, they are not required to pay you for any time beyond the last day you actually worked, even if you wanted to work longer and even if they said no.)

  3. #3
    Join Date
    Jul 2012
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    4

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    But if they don't want me to work would they not have to fire me? If they fired me would that then not be seen as retaliatory since it is after I filed a grievance and after they put a plan in place to bring me back.

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,959

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    You initiated the action by submitting your resignation. All your employer has done is accept your resignation early. This is not illegal.

    Your only recourse will be through your union, to address a potential grievance process violation. If the union can't help you then unfortunately you're SOL.

  5. #5
    Join Date
    Jul 2012
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    4

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    Quote Quoting eerelations
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    You initiated the action by submitting your resignation. All your employer has done is accept your resignation early. This is not illegal.

    Your only recourse will be through your union, to address a potential grievance process violation. If the union can't help you then unfortunately you're SOL.
    So you are telling me they can basically do whatever they want? I'm not saying they have done anything illegal yet. What I am asking is that if they try to do something after I filed a grievance, after I gave them 3 weeks notice, and after they gave me a plan in writing about returning to work if they fired me could that not then be seen as a retaliatory move because it occurred after I filed the grievance and resigned my position? If this is true then what you are telling me is that employees have no rights and are not afforded any due process I cannot believe that. Obviously they have already admitted handling the situation poorly because they quickly altered their initial position after I filed a grievance because they never told me a license was required for the position.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
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    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    Like far too many people, you're assuming that "retaliatory" always equals illegal. If that were the case, then firing you for setting fire to the boss's desk would be illegal.

    No one is firing you because you filed a grievance. You resigned. That there is a disagreement about the last day you are to work does not magically make this illegal retaliation.

    If you are in a union, then your recourse is through them. If you are not in a union, then you're out of luck.

  7. #7
    Join Date
    Jul 2012
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    4

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    Quote Quoting cbg
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    Like far too many people, you're assuming that "retaliatory" always equals illegal. If that were the case, then firing you for setting fire to the boss's desk would be illegal.

    No one is firing you because you filed a grievance. You resigned. That there is a disagreement about the last day you are to work does not magically make this illegal retaliation.

    If you are in a union, then your recourse is through them. If you are not in a union, then you're out of luck.
    Well I guess I must have had a good case because they are in fact going to pay me for the next three weeks and I don't even have to go in for work. Illegal or not taking a personnel action against someone that was proactive to correct a mistake and after they filed a grievance does not look good for them which I assume is why they ultimately did nothing. That they didn't have any policy governing this to begin with was their undoing.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    Quote Quoting cbg
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    No, you have not described any form of illegal retaliation.
    Not even close to being retaliation .. not by a zillion miles .....

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,098

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    No, they are choosing to pay you for the next three weeks. No law compells them to do so.

  10. #10
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    2,959

    Default Re: Filed Grievance Actions Taken then Resigned Can Employer Do Anything

    Quote Quoting ddbig77
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    Well I guess I must have had a good case because they are in fact going to pay me for the next three weeks...
    No, as you've been told over and over and over and over , you had no case. The company is choosing to pay you, it is not legally required to.

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