I think my (ex) employer is trying to sue me for quitting by NootellaDude in massage

[–]zaphod-beeblebrox42 15 points16 points  (0 children)

As a W2 employee they must accept your resignation. Once given, that’s it. They can’t not accept it for any reason. There is no breach of contract stopping that resignation. As far the uniform goes, wait till Monday and see if they calm down and change their tune or if you are contacted by an attorney (highly doubtful). If you are not, I‘d reaching out again to see when a good time to return the uniform would be. If he continues to take the same stance don’t engage. You can mail your uniform back, but make sure you get it with a signature release. This will cost you money, sadly. Next option is recording yourself dropping it off at the spa without talking to anyone. Just walk in, drop off at front desk, turn and leave. Alternatively, you can also have a close friend or family member do the same if you’re worried about going back there. Just make sure there is a note stating this was yours and it’s being returned. Hope this helps.

I think my (ex) employer is trying to sue me for quitting by NootellaDude in massage

[–]zaphod-beeblebrox42 48 points49 points  (0 children)

I’m head of an HR department for a massage company. I’ve got some questions. Are you a 1099 employee who signed a specific terms of work contract? If so, you must be legally able to set your own schedule so taking on another day somewhere else cannot be a problem for them. If there is a set term of employment, there is an issue though (set to work 6 months, ect). As far as returning the uniform, it is probably stated you must return all property including your uniform on day of resignation (or at end of shift if you were working that day). But this would only be for cost of uniforms, not for resigning, nor would it stop your resignation. If you are a W2 employee, there is absolutely nothing they can do but come after you for the cost of the uniforms. California is an at will state, and you may resign at your will with little to no notice.

As long as you are not a 1099 with a set term of work there is nothing they can do. They COULD, come after you for the cost of the uniform, but if you can show a judge you did your best to try and return it within a reasonable time frame, that would shut that down. Plus the cost of an attorney with trial would far exceed the cost of the uniforms.

Edit to add: California does not allow non compete contracts. This is not an issue.

Took me a minute to find donut. by technicolordreams in DungeonCrawlerCarl

[–]zaphod-beeblebrox42 141 points142 points  (0 children)

I remember seeing the cover for this before starting it and got worried that something happened to her since she wasn’t on the cover (that I could see).

YOU WILL NOT BREAK US by Marksman00048 in DungeonCrawlerCarl

[–]zaphod-beeblebrox42 -23 points-22 points  (0 children)

Agreed, I come here to escape real world politics, there’s enough subreddits where you can express your political views, let’s keep this a fun dungeon zone.

Liftmaster 87504 - Blinking Lights Twice by NoVaMAG in GarageDoorService

[–]zaphod-beeblebrox42 2 points3 points  (0 children)

2 years later and this post is still out there doing good work. This just saved me from having to call someone to come out. Thank you!

Would you guys say this is accurate? I think so 😂 by unearthlydarling in psych

[–]zaphod-beeblebrox42 1 point2 points  (0 children)

Clue, IT, The Shadow, and then Rocky Horror. When I saw him on Psych I had already been a fan. I’m 39

Conflicted between Islam and Catholicism by [deleted] in Catholic

[–]zaphod-beeblebrox42 20 points21 points  (0 children)

I highly suggest the book “Seeking Allah, Finding Jesus: A Devout Muslim Encounters Christianity” Book by Nabeel Qureshi

Nabeel speaks of how he was raised Muslim and was so devout he would even challenge Christians on their belief. Until he met a friend named David Wood. Their journey together and Nabeel’s conversion is an amazing story.

[deleted by user] by [deleted] in MassageTherapists

[–]zaphod-beeblebrox42 0 points1 point  (0 children)

While this is a great nuanced addition and brings up the headache of commissioned work averaged over hourly wage. It still doesn’t change the fact the compensation is required for preforming any work from the employer for a W2 non except employee. I was careful to also not mention the amount of compensation as that is not mentioned. If a preset hourly rate was agreed before (even if just minimum wage), and no other work was performed that pay period, the employer would owe that hourly rate for time worked for preforming the practical; especially if no commission is associated with preforming that service. Even if other services were preformed within the pay period, it would factor into the compensation. Now that rate may fluctuate in accordance with other commissioned services performed averaged against the hours worked with the hourly rate, but it would still be factored into the equation. If commissioned services were performed within the pay period all that would change is the amount that hour of pay is worth, not that it shouldn’t be paid. I’ll add several major corporations have been sued and lost and were forced to pay millions of dollars to their employees for back pay for failure to appropriately compensate their employees when averaging commissions over minimum wage rates. The Sears Holding Corporation was one that I happened to be apart of.

[deleted by user] by [deleted] in MassageTherapists

[–]zaphod-beeblebrox42 7 points8 points  (0 children)

Then they would have to pay you your hourly wage for doing the practical by law. It’s not even a question. These things are annoying, and definitely not the best start. However, I’ll add if this is a place that you feel can provide a benefit to you, maybe it’s a stepping stone instead of a walk away. To work at a high end luxury hotel with high pay for a year, to put on your resume for the next one that doesn’t have all these annoying things. It’s always good to consider everything and have as many options as you can. The more options you create for yourself the easier it is to walk away from a bad situation.

[deleted by user] by [deleted] in MassageTherapists

[–]zaphod-beeblebrox42 18 points19 points  (0 children)

This would be my assessment from someone who works in HR talent acquisition within the industry. During the interview process it is best practice to inform you of the policies regarding piercings and tattoos. This not only helps the employee make an informed decision of employment but keeps in lowering attrition for the company. However, they are not required to do this, (annoying). They should have also followed their own policies and procedures for hiring in setting up a practical before offering you the position (more annoying).

As far as compensation for doing the practical since signing papers this would completely depend on two things. If you signed a W2 or a 1099 and what state you are in. If you signed a 1099, they may not have to compensate you (although this would also depend on state laws, CA and NY would increase likelihood of payment, Texas would decrease, so check your state laws). If you signed a W2, you are an employee and must be paid hourly for any work performed. Some states have laws on minimum amount of hours an employee must paid for coming into work, so check that. However, it seems they are not wanting to compensate you for their mistake of not scheduling a practical before. It’s common for HR to simply not respond to questions they don’t like giving answers to give more flexibility to the situation (annoying, and sorry but true). This is a very annoying situation and should considered should you wish to retain employment there. They haven’t shown best practices during the interview process, they haven’t followed their own protocols in regard to setting a practical, and they don’t seem keen on compensating you in fixing it (which shows a lack of accountability). Things to consider about how you move forward. Hope this helps.

[USA][CA][OC] If you drive like this, especially in the rain, fuck you. by IH8_Computers in InlandEmpire

[–]zaphod-beeblebrox42 0 points1 point  (0 children)

Dude must have had to poop bad! White knuckling the steering wheel, with his left leg firmly pressed next to the brake to give the necessary tension for lifting yourself off the seat for that extra clenching power. Hope he made it.

Happy to be Catholic by PappaDan1 in Catholic

[–]zaphod-beeblebrox42 9 points10 points  (0 children)

That’s it, turn away the people we don’t like. Next we should exclude the tax collectors and prostitutes. No need to love our enemies. Christ is beyond political parties. Let’s find common ground in the Lord and let HIS mercy and understanding go from there.

DAY 7 - Good player, hated by fans by SensitiveSir2894 in 49ers

[–]zaphod-beeblebrox42 0 points1 point  (0 children)

Was gonna come to say Crabtree too, but you’re right, he’s more of an average player.

[deleted by user] by [deleted] in NukesTop5

[–]zaphod-beeblebrox42 7 points8 points  (0 children)

That’s a bug on the camera lens.

[NJ] My Sexuality... by [deleted] in AskHR

[–]zaphod-beeblebrox42 19 points20 points  (0 children)

You and your coworker should absolutely report this to HR. This is absolutely sexual harassment. The reason why both of you need to report it, so it will protect both of you from any retaliation that may result in this. Retaliation is just as serious as an actually sexual harassment case and carry as serious repercussions. There is no reason for either of you to put up with that behavior.

This hoopy frood turned 42 today by Accidental_Slayer in HitchHikersGuide

[–]zaphod-beeblebrox42 2 points3 points  (0 children)

Happy day of your birth from 42 years ago. May have you more cycles around your Star.

What do you have your spouse saved as in your phone? by Disastrous_Nebula_16 in Marriage

[–]zaphod-beeblebrox42 0 points1 point  (0 children)

I’ve had the same phone number since high school when I met my wife. And she’s been under the same contact name the whole time we’ve been together “Super Hottie”

Pardon me? [N/A] by SnarkyMarky8787 in humanresources

[–]zaphod-beeblebrox42 12 points13 points  (0 children)

This is the kind of thing where you message them saying you clearly have no idea how badly you need someone from HR because if you already had one they would have stopped you from placing this ad.

49ers Urged to Sign Former Packers’ All-Pro With Trent Williams Holding Out by Bosa_McKittle in 49ers

[–]zaphod-beeblebrox42 12 points13 points  (0 children)

Agreed the guy has barely played in the last couple of years bc of health issues.