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"EMPLOYEE SIGNS AGREEMENT, BUT EMPLOYER STILL GETS BURNED!"

Dear Kathryn:

I can't believe the audacity of employees and how they're supported by the Labor Department! Here's my story.

We make a concerted effort here at our privately owned, medium sized company to play fair with our employees. Upon their starting, we issue an offer letter of employment which says that should they leave the company, they would give us two weeks of written notice or forfeit any paid vacation coming to them. In exchange, we would issue them the same notice or two weeks severance if we were to terminate them.

For the second time this year, I have just had an employee take their two weeks vacation, phone me on their last day of their vacation and tell me they're not returning.

When I brought to these two lousy employee's attention that they owed us two weeks notice, they said their new jobs needed them immediately and they couldn't give me a notice. I went crazy. I told them that I wasn't going to pay their last two weeks as they hadn't earned their vacation as they didn't give notice like our contract stated. Well, this young one went wild, and got a hold of the Labor Department faster then I could dial the local pizza shop!

The result is the Labor Department sent me letter after letter. I don't want to get an attorney involved if I don't have to, but I must respond. What do you think of this mess? The employee seems to hold all the cards whether it's the Labor Department or Unemployment and I'm tired of it!

TAMMY R., Vernon, CT

Dear Tammy:

I can't disagree with you, however the grief you're bound to experience with the Labor Department breathing down your neck is not worth the two weeks pay.

You certainly tried to protect yourself by having the employee sign the two week notice letter, however even sometimes our best efforts don't always work.

I checked your situation with one of my labor specialists, Attorney Henry Zaccardi, and he says this: "While the employee should have returned to work to finish up a two week notice, even with the signed agreement, you can't force someone to work. What you can do is not provide reference information other then verifying their dates of employment, wages and positions held when a potential employer inquires about their tenure with you," Zaccardi advises not to volunteer they left without giving proper notice. No matter how aggravated you are, focus on the reality that the troublesome employee is no longer on your turf. Don't give them anything to try to sue you about.

Eventually the irresponsible employee will suffer the consequences of their burned bridges and find they can't traipse from job-to-job without having some of their past actions come back to bite them.

Dear Kathryn:

I'm offering up my story to your readers so they can learn from my horrible experience and mistake.

I thought that employers seeking new employees would be professional in their dealings, and was my assumption wrong. I've been unhappy with my job for a long time but stalled my job search as I'm making good money and can't afford to be unemployed for even a week. I couldn't take the risk of my employer discovering I was looking so I proceeded with great caution.

Our phone calls are taped at work, so in my cover letters to employers I made it clear I only wanted to be called at home or on my cell. I even went so far as to omit the name of my current employer.

I was invited in for several interviews and a few are still pending results. Well, obviously the human resource people who act so ethical aren't. They share candidates resumes at their human resource association meetings and my credentials and work place was provided to employers I never applied to. I couldn't believe my ears when an employer I never heard of called me at work! I queried him as to how he got my resume and he told me it was from another employer who had interviewed me. I cut short the conversation and hoped my boss wouldn't get wind of it. The result was my boss called me in, told me he knew I was job hunting and if I was so unhappy, I could look for a job on my own time. I was given my termination slip.

I can't do much about this now, but find this experience beyond disappointing and want to know if there is some precaution a working, job hunting person could take. Thanks for any suggestions, even though it's a bit late for me. My guess is I'll need it at some point.

ROBIN Y., Uncasville, CT

Dear Robin:

Employed job hunters can do a confidential job search, and it's evident you gave it your best shot when you presented your resume while not listing your current employer. I have found its more unusual then normal that a human resource person would share resumes and you're right, it certainly is unethical.

The other two things you and other job hunters can do is to first, stay away from applying to blind ads that don't list the employer's name. It's been a common occurrence for a candidate to find they're replying to their own employer, and sometimes, for their own job! Second, clearly state on your cover letter and on your resume that this is a confidential search. Reiterate that in a low-key manner when you interview.

While some bosses will react like yours when finding their employee is job hunting, it's not always the case. When an employer does discover the employee is looking, sometimes an employee is able to call a truce with the employer. Assure them you'll give them appropriate notice when you do resign, promise to get your affairs in order so your work is left organized for the next person, and if appropriate, even offer to train your replacement.

There's no guarantee your boss will take you up on that offer, but it's a professional response when one is found out. Good luck in your next move.