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Civil/Commercial Litigation (Lawsuits)/My employer is making me work past my notice date

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Hi,

I told my manager a month ago that I needed to hand my notice in because I was working two jobs, meaning I was working 7 days a week and I couldn't do it anymore. She said that was alright, I just had to work a month and my contract would end at on the 28th. I don't own a printer, so told her I'd hand in the notice before the end of the month when I could get my sister to print one for me. She said that was fine, make sure it gets in so that she could file it away before I leave and again that if I could work to the end of the rota (the 28th) that would be great.

So, I've managed to get the notice printed and was going to hand it in on my next shift, which is going to be on the 23rd. But I got a call from her today telling me that I have to work two extra weeks because she needs people to work (They're short staffed) and told me that she didn't know if I still wanted to leave.

Do I have to work the extra two weeks? I'm exhuasted working 7 days a week and it's making me ill, do I legally have to now work extra or is she pushing her luck because she doesn't have enough staff?

Thank you for your time.
xx

Answer
Hello Nia,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I think the Constitution bans involuntary servitude, so if your laws are similar to those where I live, nobody can make you work.  

I view your story as a request by your (former) employer to perform some work. If you agree to work, it sounds like you'll be paid.  If you chose not to, I can't think of a legal method for an employer to make you do so.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

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Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

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I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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