This is a silly question I know. My daughter is being abused daily at her job and finally gave her boss her two week notice to quit. And the witch gave it back to her saying she could not do that! I told her no one can force a person to stay. Am I wrong? Can a boss force an employee to stay? What is this witch up to?

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12 Answers

Corey The Goofyhawk Profile
Corey The Goofyhawk , Epic has no limit, answered

That boss sounds like a real... Most applications to a job specifically state that becoming hired is not a contract. I've never heard of a job refusing to accept a two weeks notice, trying to force an employee to stay. That's cold. I'm glad your daughter is leaving. Unless she signed a legally binding contract, she should be free to leave. Good luck to her!

Bikergirl Anonymous Profile

As far as I know no one can be a "captive" employee .. Meaning they can never to be forced to work against their will. This boss is just trying to bully your daughter .. And it seems to be working. There are labor laws in place that protect employees from abusive treatment in the workplace. If your daughter has grounds to report this employer .. She should !

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Yin And Yang
Yin And Yang commented
I was telling just SOME of the abuse this woman has inflicted on my daughter to someone who was in the same type of business and she said to document everything and seek a lawyer. This woman is horrible. Thank you kindly for your kind advice. You are right about the bullying.
Rath Keale
Rath Keale commented
Yin, you are absolutely right. A consultation with a layout and employment lawyer would be a good first step.
Yin And Yang
Yin And Yang commented
Thank you so much Rath. :0)
dragonfly forty-six Profile

Sometimes bullies such as that need to be enlightened. I am enclosing the number for the California Labor Board. If she calls the number they can give her general information on her rights and how to go about extracting herself from this situation. They have operators who have heard many different scenarios and can help or send her to the right place. The Labor Board is a great place to get information on the law and fair employee/emploree practices and also a place to file a grievance if it has been determined that any law has been violated. If she's being abused they might need to be reported.

http://www.dir.ca.gov/dlse/DistrictOffices.htm

One more thought, some companies require a specific process to quit. For instance; When I quit my last job I had to hand in a specific letter with specific information before it could be accepted. If my letter was say on a napkin or only verbal, my supervisor could refuse to accept it. Not saying this is the case but find out if she followed protocol.

Another suggestion, have her write or grab her letter and have Mr. Yang accompany her to deliver her letter in front of him or other employees.

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Yin And Yang
Yin And Yang commented
DRAGONFLY!!!!!!!! Great point! She did however abide by the protocol with regards to the letter to give a two week notice. This woman is just pure evil.
dragonfly forty-six
Yin, is it a public or private school? Private schools can get away with more because they aren't publicly funded. You wouldn't believe what I encountered while working at a private school. In this situation this jerk isn't going to give her a reference anyway. Can she get a reference from someone else there? If not tell her to walk. DDX is correct. 2 weeks is a courtesy. If staying does not benefit her in any way she should walk. I know she cares for the kids but she needs to take care of her self first.
Yin And Yang
Yin And Yang commented
It is a public school. :0(
DDX Project Profile
DDX Project answered

Tell your daughter to get out now. 2 weeks notice is a courtesy, not a requirement. Scumbags don't deserve courtesy. Have them struggle to replace her and let her be on her way.

She's letting them take advantage of her, and any company that does this doesn't deserve a hard working employee.

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Yin And Yang
Yin And Yang commented
A mind like mine my friend! My thoughts exactly. The problem is, is that she works with a classroom of third graders whom she has only hung in there this long for them. She cares for them. She felt if she was leaving she would only be hurting her students. However the abuse became greater the last two days since she came back from taking an emergency trip out of state to say good bye to her dying grandfather. I would have ditched her boss months ago when the constructive criticism turned into mental, verbal and emotional abuse.
DDX Project
DDX Project commented
Or do the American thing and get a lawyer.
Yin And Yang
Yin And Yang commented
LOL!
Soul Fly Profile
Soul Fly answered

She can't be forced to stay unless she is required by contract. She will want to submit her 2 week notice via E-mail with recipient confirmation  or certified or registered mail to ensure that it is legally documented to prevent any issues going forward.

Tom  Jackson Profile
Tom Jackson answered

Frankly, this would be a good time to have a consultation with a lawyer.

She is in a much better position now to make sure she does the right things to minimize anything else her employer might try to do.

After all, if she's being abused while she's employed, now that the boss knows she wants to leave, don't you think he will escalate the abuse?

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Tom  Jackson
Tom Jackson commented
Glad to help.

I once took a law course in which one of the lectures was entitled (by the professor, jokingly, but spot on) as "What to do until the lawyer comes."

Professor made a good point.
Tom  Jackson
Tom Jackson commented
Heck, he may try to fire her for cause before her resignation is effective.

Sort of a "scorched earth" policy.
Yin And Yang
Yin And Yang commented
So far everyone is kind of ignoring her so to me that is good..... Yes the witch already spread the gossip that she is wanting to leave the company. SMH!
Arthur Wright Profile
Arthur Wright , Florida Paralegal with a BS degree in Social-Psychology, answered

Sounds like this Boss is in panic mode here and trying to prevent a huge lawsuit from happening. The Boss knows full well what she has been doing is wrong and knows if your Daughter quits via being forced out, and files for Unemployment, that there will be a investigation as to why she was really forced out and that opens a huge can of worms here and will eventually cost the Boss her job in the long run for her actions. But what to do now is a good question as your Daughter holds the ball now in her court and has her Boss over a barrel sort to speak so she could request a private meeting with her Boss to straighten things out or she could go over her Bosses head to a higher Manager and explain the whole situation and see if there isn't something that could be worked out since jobs are scarce nowadays or she can quit and see what happens.  Since a lawsuit could possibly come from this, I would venture to talk to a Lawyer specializing in employment law about my options here. Personally I would say let the company force her out if they wish but don't quit. Good luck

3 People thanked the writer.
Yin And Yang
Yin And Yang commented
This is good to know. Thank you dearly for your advice. I totally forgot about filing for unemployment and they would have to look into this woman. Wow! The day before she tried to hand in her two week notice, her boss was lecturing her and said "you are not in college to be a teacher right?" My daughter said "no" (she is in college to be a child therapist) and her boss said "oh good cuz I don't think you should work with children. I think a retail job better suits you." So before this evil woman completely douses the fire she has for her career she decided to give her two week notice to quit and concentrate completely on college. Then this woman tells her she can not quit and hands back her two week notice.
Arthur Wright
Arthur Wright commented
Kinda makes one wonder how some people to make it into Management as they have no people skills but guess times have changed. All she can do is what she feels is right for her and pray for the best and I wish her all the luck in her future endeavors here and please let me know how this turns out and/or if I can help in any way
Yin And Yang
Yin And Yang commented
Thank you so very much. That is very kind of you. She says thank you also. I just read this to her. :0)

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