Legal Question in Employment Law in Texas
Recently, I put in my notice at work because I was offered a better position elsewhere. Since there was nothing in writing or a formal policy in place, I kindly requested to leave one week earlier than the customary two-week notice. Upon receipt of the notice, my boss stated that my separation would be considered a termination on my record if I did not work the full two weeks. The only policy I ever received from the company was an employee conduct and sexual harassment policy that stated the company can terminate anyone based on their perception of employee's conduct without explanation on their part. To my knowledge there is no employee handbook in place, at least there is not one accessible to us in Texas. This is an Illinois base company. Is the legal? Can they scar my perfect employment record because I want to leave? I feel like it was a threat and now I am worried that the next two weeks will be a hostile work environment. Should I worry about protecting myself against them trying to retaliate because I am leaving the job?
1 Answer from Attorneys
Think about what you're asking. Do you really believe there's some "permanent employment record" being kept somewhere?
DON'T be bullied and DON'T make any decisions based on fear. When you're ready to leave, leave.
In any case, since you already have a better position waiting for you, what are you worried about?
The personnel departments of companies (they now call it "human resources") get phone calls all the time - "Did John Smith work for you in 2011?" Most companies will ONLY verify that somebody once worked for them - they won't give out any other information, such as, "Well, he flirted a lot with the secretary in the front office, and he used too much Old Spice" or "We had to fire him." These companies are worried about being sued for slander.
Again: Forget these jerks. Do what you think is right. Put it on your calendar for three weeks from now, and ask one of your friends to call them: "Hello, this is Fred Jones with ABC Temporaries. What can you tell us about ? Was he a hard worker?"
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