I recently resigned from a company, due to it's many flaws, from inept management and self destructive business decisions,to major improprieties, such as illegally withholding employees IRA contributions, etc.
I was the foreman of a large commercial project.
I left the project (as well as several other employees and the Project manager)about 6 to 8 weeks from the end of the job.
My former employer recently contacted me, thru an attorney (a scare tactic), claiming I will be sued if I don't come back and assemble as-built drawings for him.
My position is this; I feel, as an hourly paid employee, once I resigned I am under no further obligation to perform any services for that company. Also, 8 weeks is plenty of time to find a competent replacement, who could research the project, and put together as-builts.
I am basically calling his bluff, and said I'll see him in court.
Can anyone offer any insight into this situation. Am I actually obligated to continue to perform services for this company after resigning?
I don't know about Pennsylvania, but here in CA an employee's (hourly or not) duties are through once he/she terminates employment. Call their bluff, and file against them with your Labor Board for their improprieties such as the withholding of IRA, etc. ...S
Re: Legal Question#25980 05/26/0309:00 AM05/26/0309:00 AM
I don't think you have a legal obligation to do this, however you might be able to cash in by doing it. How much is it worth to them? Can you tell them you would be glad to help for $150/hr? Otherwise you have another project and don't have time for them. (Get the money upfront and consult an attorney to make sure they can't sue you for extortion)
I am not so sure, I would think you would have an obligation to the company. JMO, but if you were the leadman or forman, then their would be something binding between you and the company. Did you give two weeks notice before leaving ? I would tread lightly on this one, is there any chance to reconcile with the Boss just to the end of the project ? If he can prove that the job came in late because you left(providing there is a late clause) you could be held responsible.
I tend to think that his 'case' couldn't really hold up.
An as-built, in it's minimal state, is nothing more than a documentation of things that are added or deleted from contract drawings. While many of us who do them may include important J-box locations, and other 'secrets', that, IMO, isn't part of the contractual requirement. The requirement of the as-built is more to cover the 'there's 6 lights instead of 5, and they are 60 watt instead of 40 watt' type thing.
So, saying that, it would seem that any competent electrician/foreperson could walk a job, review documentation, etc, and produce a reasonable set of as-builts.
Personally, if it was my company, I'd throw it together myself, even if I had to 'wing' it a little.
The company chose to not have someone do that, largely in part of the extreme incompetency of this organization, which is why I left.
I think the only thing that might work against me, is a judge who has no understanding of construction, it's practices, or what as-builts are. He would view this as an 'outsider', which might place more sympathy on the side of the employer.
Either way, this former employer is guilty of not paying into any employees IRA accounts for two years, a mandatory 2% of incomes.
He makes statements like " A raise? That's a good way to get fired", and so, I have no desire to cooporate with him.
I am going to make an 'offer' to resolve the matter. If he wishes to re-hire me, I will agree to work for him temporarily, as a sub contractor for a reasonable hourly rate, plus enough to cover the taxes on it, plus a few dollars an hour more to compensate for the benefits. Then he can 1099 me next year, but I'll already have the taxes on it paid by him.
I would tell him to go______________________!!!(fill in the blank) If you were an hourly employee, how could you possibly have any obligation to give him anything? On the other hand, I would contact the labor board about his not paying into the IRA accounts. I once had an employer that was holding out a portion of each check towards insurance and not paying it. I filed a claim with the labor board and recieved a check in full.(should have sued the bastard for embezzlement )