How to Leave a Job on Good Terms?
An anonymous reader writes "I've been working for a small development company for 6 or 7 years. My boss has always been a bit nuts but overall it hasn't been a bad experience. I recently accepted a great job offer for a technology position in a different industry. I gave my boss my notice this week, and while he initially was understanding, he has since starting making accusations of conspiracy, deceit, and has otherwise attempted to make me look bad in front of employees and long-time clients. (who, thankfully, also think he is nuts) I don't like to burn bridges, but I'm pretty sure he's already burned it to the ground, even threatening to withhold my final paycheck if I don't find a replacement before I leave. Is it worth sticking out the few weeks I already told him I worked, or should I just cut my losses and leave early?"
My boss has always been a bit nuts...
Been there...I sympathize.
There is no excuse for this sort of behavior. Period. Next time he tries to do it, confront him. Remember, at this point, he needs you a lot more than you need him.
I don't like to burn bridges, but I'm pretty sure he's already burned it to the ground, even threatening to withhold my final paycheck if I don't find a replacement before I leave.
You know, strictly speaking, it is his responsibility to find a replacement for your position, not yours. You should remind him of this in no uncertain terms.
Is it worth sticking out the few weeks I already told him I worked or should I just cut my losses and leave early?"
Just remember that giving a company notice before you leave is not a requirement...it is a courtesy you are extending as part of a positive professional relationship. Frankly, I'd ask him for a letter of recommendation up front, and if he refuses, or threatens to give you a less than optimal review, you simply do not owe him the courtesy of notice.
In short, don't devalue yourself, and don't let him devalue you, either.
____
~ |rip/\/\aster /\/\onkey
"Is it worth sticking out the few weeks I already told him I worked or should I just cut my losses and leave early?"
:)
:)
Easy. You don't have any losses. You have a job waiting for you.
Stick with it until you said you would. ALWAYS keep to your word especially when leaving an employer. If they want you gone now, they will walk you out of the building.
It is your bosses problem, not yours. This sounds like a me vs you thing. If it is so bad, talk to your HR. The odds are that if everybody knows your boss is nuts, they do to. If they don't know, they want to know.
Do you believe that you are responsible for finding your replacement? I don't understand how they could keep your paycheck if YOU don't find a replacement.
If your boss thinks that he cannot replace you, put some bait in front of him. Ask if they can match an offer or do something to change your work environment. Even if you have no interest in staying, it buys time and allows you to leave with a smile on your face when YOU say no.
Back to the original though. DO NOT QUIT EARLY! You gave your word and it is a small world. It would suck to have this bite you in the ass. In a few weeks it will be over and you will laugh at it.
Oh yea...
You insensitive clod! You have a JOB! You have an OFFER and a JOB! You have a 'soon to be X Boss' that you can &uck with? Quit bitching!
Get over it! Screw with the Boss and have fun. You are leaving, he has no control over you. You have an offer, you don't need his reference. Get prepared for your new career and forget the past.
I am curious what the "different industry" is. Did you take up Hindu?
It could be worse, it could be Monday.
Otherwise, just be polite, but firm. If he burns bridges, it's his choice. You did your best.
/^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
This sounds legally dubious.
You need the advice of a solictor. Especially if he is withholding pay, and damaging your reputation.
Most sane and mature employers understand that as long as you give them notice of the termination of employment that the burden of employee replacement is on the employer, not you. The fact that your current employer is doing this proves how immature he is. Withholding the last paycheck may be something stipulated in documents you signed at the beginning of employment so you may want to look those over.
I have had previous employers that I have had issues with personally, but tried my best not to burn the bridge myself. If they had burned the bridge, I would definitely talk to their boss about this. If they didn't have a boss above them then I would gladly have had choice words for them. It's all a judgement call, but if you need this on your resume, definitely don't burn the bridge yourself.
I am a meat popsicle.
DO NOT write anything like the following in a slashdot article: My boss has always been a bit nuts.
Video Production Support
There's no "stricly speaking" about it. You have no responsibility on this point.
If everyone knows your current boss is a nut case, just try to live with it until you leave. If you can't stand it, just walk out. You already have a follow-on job, and you don't need this guy, if he's going to bad mouth you anyway, cut your loss and don't show up tomorrow.
"Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
I have no good advice for your general situation, other than this:
1) offer to go quietly immediately, and offer to stay for a reasonable period of time - 2 weeks after your initial notice is reasonable - and let him make the choice.
2) if he lets you go today, don't expect to get paid for time not worked.
If he actually withholds your final paycheck, take it up with human resources, his supervisor, or if necessary, someone higher up. What he is doing is most likely illegal. If necessary, remind him of his legal obligations and that the next step will be the court system, civil AND if applicable, criminal court. Don't threaten legal action unless all else fails, that will burn all bridges.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
I've been there, done that.
Had a couple bosses (especially, for some reason, small development and start-up companies) that lost it.
The easy answer is: do the right thing. You did the right thing by giving notice, you did the right thing by hanging in there. Go in to work each day and be the best you can. Help hand off the codebase. Give the best training you can to the others.
The more you do the right thing and your boss acts like an idiot, the better you are doing. Do the right thing and let the rest slide.
In both of my cases, the old boss felt sorry for acting the way he did. (But this took several months) People get upset when they don't know what to do. Sometimes they act very poorly. My advice is to be a bigger person than that.
WorkplaceFairness has a few tips along these lines.
Sounds as if you've given sufficient notice. Unless you're violating some employment covenant, your employer has no legal basis by which to hold your final check and is probably attempting to intimidate you in an unlawful way.
Be professional, write or say nothing negative, ask for any employer complaint in writing, work out your notice with as much enthusiasm as you can muster, and seek any remedy after the fact.
This is why we have unions, folks. Or why we *had* unions. The workplace does NOT regulate itself.
Good luck, and enjoy your new job.
This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
Um...no. Respectfully, I must disagree.
It is not the writer's responsibility to find a replacement. That resposibility lies squarely with the manager.
If the manager still doesn't like it, tough. He's contractually obligated to pay that final paycheck.
____
~ |rip/\/\aster /\/\onkey
You could have risked it and put in your name, his name, and the company's name. Then, wait about a week or so, and then tell him to search Google for either of those 3 terms, and watch his face in horror as the number one result is a bunch of geeks are talking about kicking him in the nuts.
Also keep in mind that your boss can't withhold pay that you have worked for. If he threatens you again, just tell him that you'll file a complaint with your state's labor comission, and have them open an investigation. Legally, he can't not pay you for time that you've worked. He can't even pay you at a reduced rate, unless he informed you of it before you worked the hours.
Hopefully, you only gave him two weeks. I found out the hard way, never give more than two weeks; you might think you're doing the boss a favor, but it just makes things harder on yourself to be known as the "short timer" for a month (or more).
You should definitely try to finish out your two weeks. Chances are, your boss will cool down sometime after you leave, and you'll want him to be a good reference when you embark on future job searches. At the very least, you don't want him to be a negative reference.
Your boss may be a total ass, but you should try to honor your word. Your most valuable asset in the business world is your reputation.
I'm a 2nd Amendment guy. I believe in the right to keep and bear arms, and I believe that the citizenry should be armed to the teeth and dangerous.
But it's just plain stupid to bring one to work under these circumstances. It says "disgruntled employee about to go postal", and would give the nutty boss an excuse to have you arrested. You don't want that rep at all.
I'd bring a lawyer instead, or at least have a lawyer make a phone call. Asking you to provide a replacement before you receive a final paycheck is defrauding you of your pay.
Raise your children as if you were teaching them to raise your grandchildren, because you are.
It's pretty obvious what's going on here: the boss is out of his depth, his own job is in jeopardy, maybe his personal life is also in the toilet, and he's blaming everyone but himself for his woes. Under those circumstances, confrontation of any kind is unlikely to help things, and could easily make things worse. What do I mean by "worse"? Maybe just a few harsh words, but this is a classic formula for workplace violence. One should step carefully.
The threat to withhold the final paycheck is, of course, illegal. The way to deal with this is to politely remind the boss of that fact. If that produces more outbursts, then you should take it to the HR department, and maybe your boss's boss, both of whom will be quite concerned at the legal exposure such a threat creates. Or, if the boss is also the proprietor, you should talk to the state employment commission.
And you should probably depart as soon as your statutory two weeks is up. There are many good reasons to remain longer: you want to act professionally, you don't want to leave your co-workers in the lurch, etc. But they just don't apply when you're being abused and threatened in this way.
Seriously - don't sink to his level, make threats or do anything unethical - he will just use it against you.
Keep records of anything they accuse you of and what you are doing your last few weeks.
If, after you leave they try to withhold your last paycheck just file a complaint with your state deptartment of employment. Every state I am familiar with has strict laws about requiring that you get paid for time worked. The state I work in has a law stating that the only reason an employer can withhold wages is if there is a court order in place.
Later, if you feel that your former employer is trying to do something to damage your reputation, talk to a lawyer. This sort of slander is viewed very dimly in the courts.
In most cases, merely threatening to call the labor board will scare an employer into complying with the law. If it doesn't, then proceed with the actual call to the labor board, and for good measure call an employment attorney as well. And don't whine that you can't afford one -- you can always find one who will consult with you for FREE. Just call the local bar association for a referral. (And no, a free consultation does not mean the lawyer is shady/crappy; it's a standard part of their services.)
It's a LOT harder for employers to screw you over when you know your rights AND take steps to see that they are enforced.
Free Hans!
If you find a replacement you'll be responsible for that replacement going forward into the future. You need to make a clean break. Your boss needs to find someone else to form a relationship with, what's he going to do if anything goes wrong with the new person, track you down and get you to solve that problem too? No way, if this new person were to have problems are you going to find yourself in court? What if there's a leak of company info, you want to be on the suspect list because your 'plant' is still working there? Forget it.
Withholding payment for accrued vacation time is not illegal, and is a common tactic for ensuring "good behavior" during the last days of employment.
Many states require the company to pay for accrued vacation time. If so, it is indeed illegal.
1. "Lawyer up". Seriously, go consult with an attorney, because...
2. Withholding or threatening to withhold pay or benefits as you describe is very, very, very illegal, and so are...
3. Libel and slander (printed and spoken, respectively).
All based on my limited understanding of US law, but if you are not in the US there are still likely protections against what you have described.
Get. Attorney. Now.
Jim
Actually I have found many, many times that a camera or a tape recorder (or digital audio recorder) is a wonderful peace-making device.
Set the tape player on your desk out in the open and just leave it there. Next time someone comes in and says something totally nasty (ie, not paying the last paycheck, or bad-mouthing you, or whatever) just point to the recorder and say "that's on." It doesn't have to be on, but if you manage to time it right even better.
Amazing piece of attitude adjustment, someone knowing that whatever they say or do is on tape.
I once walked into the county court records office once and as the worker-bee walked up (I think I interrupted her game of Solitare on her computer, she didn't look happy) I popped a flash camera up and snapped off a picture. When she asked what that was all about, I explained that I was going to send her picture to the Mayor describing how helpful she had been. And she was very helpful, go figure.
Glonoinha the MebiByte Slayer
I find it hard to believe that this guy would treat someone who's leaving an IT job this way. I have found more than one manager who preferred to pay me for the two weeks and hustle me out the door when I give them notice than so they can secure their networks against me, which is something that I consider a wise move.
Not to say that you should sully yourself and your reputation with backdoor hacks and retribution, but it's a dumb manager that leaves you in a position to do so then provides incentive to do so by acting like a jerk. Your boss needs to be hit with a clue stick... there aren't too many ppl that can fuck up a business like an IT guy with inside knowledge and a chip on his shoulder.
-1 Uncomfortable Truth
Just because your now thankfully soon to be ex-boss is an unprofessional jerkoff, doesn't mean you need to sink to his level.
I got forced to resign under threats of BS lawsuits (which I couldn't afford to fight) by a guy who was pushing me out specifically because I told him, when asked, that I believed our company problems stemmed from bad marketing tactics.
Since he was in charge, and since his son was head of marketing, I pretty much figured what the outcome was going to be, even saying it as politely as I could. But he went seriously overboard, and really screwed me, when it wouldn't have cost him anything to act like a professional instead of a child.
Even so, I told him I'd enjoyed working for his company, dealt professionally with the last few of my responsibilities and cut my losses. I did this to a degree that he's been trying to hire me freelance for the last two years, even after that company went Chapter 13.
I say "trying" because I'm professional, not stupid.
ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
I was working at a smallish outfit a few years ago when someone recommended me to a VoIP startup. The position came with enough stock options to choke a horse and a nice bump in pay, so I took the gig on the condition I could finish my current project at the original company. They accepted, I did, and when I resigned from Company A the boss told me I was welcome to return any time. The guy didn't take it personally at all, so the whole thing was quite civilised.
Well, the startup did what startups tend to do, and once the paycheques stopped I phoned up my former employer. It turned out he had a great pile of pending projects which needed an experienced DSP engineer, and here comes this ghost from the past who also happens to be familiar with the code base. It took us somewhat less than a minute to reach an agreement.
If he had freaked out and pulled the above crap, I would've never called him up again even if I were so poor I had to eat cat food, but because the guy was a consummate professional we're both ahead of the game.
Francois.
Here's my advice. Take what you will. I've been somewhere similar once. I didn't follow this advice entirely, but if I had to do it again, I would. Hopefully you can learn from my mistakes.
Do the time from your notice there. You aren't obligated to find a replacement, but tell your boss that you're happy to spend your remaining time looking for one and training one up if you find one. Be polite, even though the prick doesn't deserve it. Do not let yourself be intimidated. Let him dig his grave in front of the other employees. Politely disagree or ask for clarification when you are attacked or discredited. Do not work one extra minute beyond what notice you've given, do not work one extra minute overtime. You owe your boss nothing due to those threats. But make sure that any potential future employer can look back and see that you delivered 100% on what you owed, and that the employer was the one who fell short. You need to be 100% in the right because your employer will trash you when a future employer calls up to confirm your employment there. You need to show you did nothing wrong.
Expect nothing in return. You probably won't get the pay. Move to your next job and concentrate on that. If your pay doesn't show, consult a lawyer, and write a polite but firm letter stating exactly what you are owed, with a due date, sent by registered mail. Take your time, discuss things in writing only. If he calls by phone (likely) and offers anything, ask for confirmation in writing (unless it is money, in which case ask when it will arrive). Don't let yourself be intimidated. If they won't play ball, after you're settled and have a steady income, then weigh up legal action. Do not fight this without a stable income behind you, it will be one of the most miserable experiences in your life. I've been there. Get a position of strength whilst attempting to be "reasonable", and if you feel it important to crush the prick afterwards, do so. Don't go light on them because they "might" give you a bad reference. Think about what they are going to do if you let them off. If they'll trash you anyway, you've got nothing to lose, assuming you can show you've been reasonable through the whole process.
I could go on, but you've probably got the gist.
Another 2nd Amendment lover here. Your post is the *best* advice I've seen. I agree with every word...
Requiring the finding of a replacement, unless it's written into his contract, does seem fraudulent. A lawyer and/or small-claims court (unless the paycheck is too big) are certainly the way to go.
Packing heat will just make things far, *far* worse.
Is Capitalism Good for the Poor?
Ahh, but if you don't work those last two weeks they can easily document that walked off the job. They can then give you a bad reference, and they will win in court if you try to sue. (at least in my area two weeks is considered normal notice) HR would prefer not, but in this case you leave them with little choice, since they do not have opportunity to do any transitioning.
In fact for most companies this is about the only way to get fired without being turned over to the police. If they want you gone they will give you the opportunity to "resign for personal reasons", at which point they don't give a bad reference (which means they give the dates you work and that you left on good terms, like any other employee) Because you resign (and if you are smart you will because if they have to fire you they will give a bad reference) you have less legal power against them. Of course if you they catch you doing something illegal they will fire you and then turn you over to the police.
Mind many HR departments will send a guard to escort you to the door when you give your two weeks. However they still pay your for those two weeks, they just call it work from home.
However you can get co-worker references. HR only controls what your boss can say. If bob worked with you and things you are a great guy, he can say that. If you resign all bob knows is one day you are gone. It is really easy to make bob think (without telling a lie) that your leaving was a hushed thing that you could not tell them about until after you were gone. He will then be a good reference. If you are fired he will find out, and hesitate to give a good reference figuring there is something he didn't know.
In short: company references mean little (though you should check them anyway because a few people will lie about jobs they never had). However personal references are still checked.
Many people say you should take legal action if they withhold your paycheck. First off, it will cost a hell of alot more to *take legal action* than a single paychecks value. (unless you are paid something excessivly stupid amount, then you would be the moron for leaving!) All you would have to do is contact the local labor board and inform them of the situiation. Your employer would be contacted by one of their reps, and the would comply in a hurry as no employer wants the labor board breathing down their neck.
It would cost you any attorney fees either.
Reminds me of a young guy I once knew who worked for an outfit I did some consulting for. He'd worked there a couple of years while finishing up and defending his Phd dissertation, but was doign work well below is capabilities. After successfully defending his thesis, he landed an excellent job at a prestigious intitution.
His boss at first was OK, then one day suddenly turned on him in the kind manner you describe, trying to humiliate him and doing everything short if cutting the buttons off of his blazer. The young guy was very cool about it, a total class act, but everyone else around was appalled. I asked the young guy about it later, and he shrugged, and said it didn't bother him too much because he was going places in this field, and the boss wasn't doing himself any favors in his future employment prospects.
Of course, this kid was thinking in terms of years, but it turned out his prediction came true a lot faster. Some of the people who were remaining behind began quietly looking into the boss's Phd, and discovered it was fraudulent, and spread the information around where it would do the most damage.
The lesson is that sometimes you really do create a kind of karmic force that affect your destiny. Take no action to harm your boss or your current company in any way; it's pointless since they can' harm you in this situation -- only you can harm yourself. Act with dignity and professionalism and everybody who can see this situation will remember all the more clearly for the contrast with your boss's actions.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
I worked for a VERY large drug store chain back in the late 80's... they lost a very imporatant lawsuit regarding references. Basically, this woman left on bad terms, and was having trouble finding a new job because every time the interviewer called her former store manager to verify her employment, the store manager would tell the interviewer what a terrible employee she was. She sued the drug store chain, and won big. The ruling that came down was that the employers on your resume can only verify the dates of your employment, nothing more. No comments about the type of employee you are, good or bad.
That being said, I'm sure that virtually all small business owners are ignorant of the ruling. So, it would be better in the article submitter's case to be without fault and not give his soon-to-be former employer any reason to badmouth him.
What shocks me is that people always forget the old addage that when there's one finger point at something, there are four fingers pointing back at the person pointing.
Try as I might, I can get at most three fingers pointing back at me. Am I doing it wrong?
I believe every state has a law about issuing paychecks within a certain amount of time after the end of the pay period. The employee who receives a threat from the boss that a paycheck will be withheld should immediately contact their state's attorney general's office to find out what their rights are and see if the office can offer any advice about how to handle the threats. (Do they think he should ignore the threat and see what happens? Or tell him on the spot that it's illegal? Or walk out the door immediately?)
In Massachusetts, if I remember correctly the employer may not withhold a paycheck for more than a week after the paycheck for the pay period would normally be issued, and in the case of a termination or layoff, they're required to issue a paycheck, expenses, and pay for accrued vacation all on the day of the termination or layoff. I'm not sure what the penalties are. The attorney general's office can refer you to appropriate legal resources, or may even choose to get directly involved with getting you paid.
I had one incident of an employer trying to not pay me. The AG's office said that yes, they'd take legal action on my behalf if necessary, but first they wanted me to simply demand the money in their name. That got me my money, much to my surprise.
In the UK, if you shot someone's mule to settle a score, the RSPCA would find out and you'd likely get sent to prison.
Anyway, I thought they all had tractors in Texas nowadays, what with all that oil.
Stick Men
In 40 years of employment, I found there were some times that it was impossible to leave without burning bridges. Sure, it's best to avoid this if you can, but it just isn't always possible. You simply cannot control the actions of another individual; you can only influence them. My advice would be to keep documentation on what has happened, just in case you need it later. Meanwhile, you have no obligation to find a replacement, etc. You've given reasonable notice. You already have another job waiting. There is no reason to do anything else - unless you just want to leave early to avoid additional harassment. Don't blame yourself, or do anything silly because of someone else's actions. Best of luck!
I am not a lawyer, but unless you have an employment contract that says you are responsible for finding your own replacement, the boss cannot hold your final paycheck for that. Play it clean and to the rule to the end, and document, document, document. If you aren't paid promptly and in full after you leave, check to see if there is either a state labor board, or an arm of the U.S. Dept. of Labor (I'm assuming you're in the U.S.) having to do with wage complaints. Failing that, just file suit in small claims court. I'm betting he cuts the check for you the day he gets the summons.
"Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
It's a small world and you never know when you're going to run into the same people again. It's worth almost every decent effort to be cooperative and helpful, to try to end your current job with a good conscience.
Confronting your boss is very risky. There's only one way I would recommend if you have to - insist on a meeting with your boss AND his boss to plan how you will best use your remaining time (and while you're at it, make your case that you're being a good employee). Bear in mind that as a departing employee, you are actually providing your company the service of being able to blame things on you rather than look in the mirror. As a consultant I've faced this a lot, and I just regard it as one of the things I'm paid for (see below). Don't let it get to you.
NEXT time you change jobs, here are some pieces of advice:
(1) Don't tell anyone at work about your new job until you start it and decide how you like it. (2) Give as little notice as you decently can, rarely more than two weeks. Longer notice opens you up as a longterm target.
(3) Think about negotiating a "reciprocal notice" clause, something I've managed to do for 20 years. The idea is that the amount of notice you are required to give the company is the same that they are require to give you, be it one hour, two weeks or whatever; the more security they give you, the more you give them.
(4) Since we always sign agreements about proprietary property (which tend to be vaguely written in favor of the employer), it's a good idea when you change jobs to change to a somewhat different field, to avoid charges you are taking knowledge with you. Your boss of course has no right to withhold your paycheck for any grounds whatsoever. If you're worried about a real problem here, get copies of all relevant company policy BEFORE your last day. It will be much harder after you leave the company. Make it gently clear to the company president, if they actually try to withhold your paycheck, that you will be contacting your senator, a lawyer, and the relevant state regulatory boards (even though such boards probably do not exist) and that the time they spend dealing with you will be a much greater waste than paying you. E.g., "If you try to illegally withhold my paycheck, you're going to wind up spending an awful lot of time responding to queries by the government and all the relevant regulatory agencies I find. Heck I might even have to get a lawyer if we part on bad terms, I'd to do that. Why not pay me now instead of wasting all that precious time?"
If they try to make you sign something before you leave, you almost have to insist that you show it to an intellectual property lawyer before you sign; believe me, the stakes will be too high. If they are offering your $50,000 or more, take it or leave it, to sign without a lawyer, it might be worth it.
Finally, here's an example of how I was paid to be the "dumped on" person in one job. My main responsibility was to write the user documentation telling the customer how to operate the system. For years after I left this job, I ran into people who knew I had "failed" in this. The reason I wrote no user documentation at all was that there were no specs for this system, it never got out of the design phase, there was no running software, and no one could tell me what the user screens were going to look like! When told I failed to document this system, I just smile.
http://precision-blogging.blogspot.com/