Leaving before projected end date?

chare · Mar 10, 2020

25 minutes ago, octopus510 said:
[...]
If I leave before my scheduled end date, is there anything they can do to me legally? I don't want to leave on bad terms, but I will not be disrespected in the mean time.

Legally? Not a lawyer, but I doubt it, especially if you are an at will employee.

However, if you don't work your notice you run the risk of being blacklisted with that organization. It's also possible that when a prospective employee calls to verify employment, at a minimum they will be told that you left without working your notice, and they are free to provide any other factual information they wish.

Best wishes.

caliotter3 · Mar 10, 2020

"Due to unforeseen circumstances, I will be forced to make (date and shift) my final shift" in a new written resignation. Since you presumably already have a new position, any negativity should be minimized. These people are not going to be pleasant to you no matter what you do at this point, might as well make the break clean.

octopus510 · Mar 10, 2020

That is a good point. But I don't plan on coming back to this organization, and it is a small independent hospital not a big "chain" like Kaiser or Sutter.

From what I understand past employers can confirm title and dates worked. I would never use this boss as a reference now that our working relationship has evidently disintegrated.

caliotter3 · Mar 10, 2020

Past employers can say a lot more than confirm title and dates worked. Don't delude yourself. That "they can't say anything" urban legend has been going around for years. An employment attorney told me that a past employer can say anything about your job performance that is true. And since they are talking to another employer, it is taken for granted that they are telling the truth. They can even convey their dissatisfaction with you by being coy when answering questions over the phone, long, pregnant pauses, judicious, deliberate wording, emphasis, tone of voice, hemming and hawing, etc. The caller has to be deaf, dumb, and blind not to get the message. Here's another tactic: Past supervising manager promises to provide you with a glowing reference to help you get a very good position. Days, then weeks go by. You send email after email and call after call. The deadline comes and goes. Guess what? They never send the reference at all and don't answer the phone when you call and don't answer your emails, or emails from the prospective employer. How many times does this have to happen before you figure out that this devil of a person is sabotaging your future employment? Almost impossible for an ex-employee to prevail in a wrongful termination or libel or slander case. Even if you get evidence that you are being actively blacklisted through a reference checking service, there is not much you can do about the situation except to try to put your spin on it or explain to the satisfaction of the prospective employer.

JKL33 · Mar 10, 2020

16 hours ago, octopus510 said:
(I.e. getting switched to night shift that night AS I'm getting ready for my morning shift).

I would try not to amend your resignation. Try to complete your commitment if you can.

Use care to absolutely minimize this person's ability/opportunities to mess with you. Minimize or to the best of your ability eliminate any in-person or phone convos with this manager; these are, by their very nature, always one person's word against another's even in the best of circumstances. And this is not the best of circumstances.

She is trying a little too hard to put you in the very position you're feeling right now; wishing you could quit. I doubt she has the chutzpah to terminate you; HR would probably advise her that doing so increases their risk of headaches, however minor, unnecessarily.

At this point you can't possibly have much longer to go. Another 1-2 weeks? 3-6 shifts?

Hang tight. Don't give such a terrible person carte blanche to wreak long-lasting havoc. Hang in there with her. This is one situation where the one with the most self-control wins. She is going to lose.

Best of luck~

kp2016 · Mar 15, 2020

They can only do what you allow them to do. When they called to tell you that your am shift had been switched to night shift the answer should have been “no, I am not available for night shift”

What are they going to do, fire you?

Closed Account 12345 · Mar 17, 2020

I agree with kp2016; you simply don't perform last minute requests to work unscheduled12 overnight hours in place of your hours. "I wish I could help you, but since I was not scheduled for nights, I haven't slept today and would not be able to safely care for patients." Or better yet, remember that as an hourly employee, you aren't required to pick up your phone when you're off the clock.

I would strongly suggest working the entirety of your original notice period. I've worked in several hospitals where if you call in or quit coming during the notice period, you forfeit all PTO pay that would otherwise come with your last pay check.

Hang in there!