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  1. #1
    Join Date
    Aug 2014
    Posts
    1

    Default Can a Former Employer Say That You Abandoned Your Job

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

    I started working here in December of 2013. It's been a disaster. My former store manager was abusive, people started quitting in droves, etc. Grad classes started Monday and I'm losing it. I work 38 hours a week and they put me wherever they feel like it. I'm tired and stressed beyond words. I was diagnosed with Generalized Anxiety Disorder and think I need to leave sooner rather than later. My schedule for the coming weeks looks painful and I can't do it.

    When I told Assistant Manager 1 yesterday that I would have to leave 9/4, he said to talk to ASM2. I said why, she can't make me stay and he said no but she can kindly ask you to. He then mocked me for taking classes online. Then when I talked to her and even offered to go part time instead of just leaving, she said no I HAVE to stay until 9/13 and as full time. If I don't, that's job abandonment and I would be unhirable and couldn't use this job in my resume because she'd have to tell everyone I abandoned my post and naturally having an 8 month gap in my employment would be hard to explain.

    I thought employers could only verify that someone worked for you and that's all. Also, I can't find anything that says this is abandonment, our handbook seems to say 3+ days of no call no show is abandonment. And I'm pretty certain this is at will employment and NYS doesn't require a 2 week notice. Am I missing anything? I feel so upset and sick to my stomach, I'm waiting for my doctor's office to open so I can see if they can help somehow.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Job Abandonment and Resume

    That's a myth that many believe - your ex employer can share just about everything with a future employer including why they think you left and the circumstances surrounding you leaving.

    Given that this person is effectively trying to force you into staying, I'm sorry, but there's a decent chance she's not going to give you a glowing reference anyway.

    Stand by for the HR experts though.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Job Abandonment and Resume

    I thought employers could only verify that someone worked for you and that's all.

    Lots of people think that. Problem is, they're all wrong. Employers can say anything that is true, that they have a good faith reason to believe is true, or that represents their honest opinion.

    There is no legal definition of job abandonment. Job abandonment is what the employer says it is. He is wrong that you MUST stay until September 13 - you can leave any time you want. But if he wants to consider that you abandoned your job if you leave before that, he's allowed to do that. And he's also allowed to tell other employers that.

    Bottom line is, while it sounds as if your manager is a real piece of work and you're probably well out of there, he's not doing anything illegal.

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