Legal Question in Employment Law in Massachusetts
Backdated Termination Date
I worked for a Massachusetts company but was stationed out of state. On Mar 11, I called my supervisor to tell him that I would be leaving. He did not take the news well and hung up on me. (The call never progressed to a discussion of last day.) I was unable to reach him for two more days. Finally, on Mar 13, I sent him an email with my proposed last day (I offered 3 weeks notice). No response. 4 days later (Mar 17), he finally called to tell me that he was backdating my termination to Mar 6 (before our first conversation!). He then hung up again.
For 3 days I tried continuously to reach him, since I did not think what he was doing was legal. He would not speak to me. I sent emails asking the company to clarify whether I was on the payroll. Finally, on Mar 20, I received a letter saying that I had been removed from the payroll 9 days earlier, on March 11.
No one ever notified me that I was to be removed from the payroll effective Mar 11 until Mar 20 (except the aborted Mar 6 backdating comment).
Had I known I had been removed from the payroll, I could have started my new job early and would not have been without an income for 9 days. Do I have a legitimate claim to be paid for those days?
1 Answer from Attorneys
Re: Backdated Termination Date
Yes. Collect documentation of what you did on those days (correspondence, phone calls, whatever you can put together to show that you worked those days), and contact an attorney in Massachusetts.
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