What is the name of your state (only U.S. law)? Arizona
My wife was terminated earlier this week. The company she worked for is going through a layoff period and has made many terminations in the past 30 days. The cause for this layoff period is due to a financial crisis the company is experiencing, which subsequently called for layoffs for some, and pay cuts upwards of 10%, depending on each individual's salary level, for everyone else.
The department my wife worked in consisted of herself and one other individual, when her partner was diagnosed with a major medical condition she was placed on medical leave for about a month, during which time my wife was expected to essentially carry the department (which supported the entire company's clientbase) with little or no help from anyone else. During this time, my wife was often denied her lunch hour, and was forced to take calls from clients during her time off, and was threateningly lectured about logging any "overtime". In addition to this, her partner claimed to be working from home, but did very little. But was permitted to log full hours for the day, even while at home napping.
After my Wife's partner returned to work, a third individual was hired for their team. The next day, my wife was relieved of her position.
As her manager explained to her that she no longer had a job with the company, she was asked to supply a letter of resignation stating that she was leaving work voluntarily. My wife wisely refused. She was then escorted to her desk to retrieve personal belongings, was forbidden to touch her company computer, and then escorted to the door.
Two days later she received a thick envelope from the company containing her final paycheck, and a large stack of documents all of which cutely had post-it notes attached demanding "Sign here"
Some of these documents are benign (I received my final paycheck, I want to continue/discontinue my medical coverage, etc) but some are more unsavory.
Among the plethora of paperwork was yet another request that my wife states that she left work voluntarily. Her company conveniently checked the box for "voluntary termination" and wrote in the date, and affixed a note that said "Sign here".
The bottom line: My wife is getting demanded that she sign a document saying that she quit of her own accord, which she did not. I presume that this is because the company would like to avoid paying any unemployment benefits or any other damages because she was terminated during a layoff period with no notice or any kind of severance package.
I am a BSBA, but my business law knowledge is limited--I am surely no attorney. I have drafted a letter to the effect of "I have been asked to complete documents twice that would falsely verify that I left work of my own volition, which is not true. My attorney will be reviewing all of these documents very closely, and I will return nothing until he tells me so. It is my recommendation that you produce a severance package for me if you wish to have my signature on any documents you require." I have not sent this letter, but I am prepared to do so if it would be a wise method to encourage appropriate action on their part.
I would have actually spoken to our attorney about this, but he is on vacation for the month and I do not want this to linger. I feel that action is necessary right now.
Because my wife has received her final paycheck, it is my belief that she has essentially nothing to lose by demanding compensation in the form of a proper severance, as this company is clearly trying to break the law, or at the very least, shirk their responsibilities to their terminated employees.
I have enough legal knowledge to pose as a liason between my wife and her attorney, which I will essentially be doing once I am able to contact him. This would allow me to pen a letter with my own signature or at least make a stern phonecall to their HR department, asking them if they are aware of the circumstances in question and posit that they produce a severance package or land in court--in so many words.
Can anyone please give me some guidance as to what to do? I appreciate any and all advice.
Thank you
My wife was terminated earlier this week. The company she worked for is going through a layoff period and has made many terminations in the past 30 days. The cause for this layoff period is due to a financial crisis the company is experiencing, which subsequently called for layoffs for some, and pay cuts upwards of 10%, depending on each individual's salary level, for everyone else.
The department my wife worked in consisted of herself and one other individual, when her partner was diagnosed with a major medical condition she was placed on medical leave for about a month, during which time my wife was expected to essentially carry the department (which supported the entire company's clientbase) with little or no help from anyone else. During this time, my wife was often denied her lunch hour, and was forced to take calls from clients during her time off, and was threateningly lectured about logging any "overtime". In addition to this, her partner claimed to be working from home, but did very little. But was permitted to log full hours for the day, even while at home napping.
After my Wife's partner returned to work, a third individual was hired for their team. The next day, my wife was relieved of her position.
As her manager explained to her that she no longer had a job with the company, she was asked to supply a letter of resignation stating that she was leaving work voluntarily. My wife wisely refused. She was then escorted to her desk to retrieve personal belongings, was forbidden to touch her company computer, and then escorted to the door.
Two days later she received a thick envelope from the company containing her final paycheck, and a large stack of documents all of which cutely had post-it notes attached demanding "Sign here"
Some of these documents are benign (I received my final paycheck, I want to continue/discontinue my medical coverage, etc) but some are more unsavory.
Among the plethora of paperwork was yet another request that my wife states that she left work voluntarily. Her company conveniently checked the box for "voluntary termination" and wrote in the date, and affixed a note that said "Sign here".
The bottom line: My wife is getting demanded that she sign a document saying that she quit of her own accord, which she did not. I presume that this is because the company would like to avoid paying any unemployment benefits or any other damages because she was terminated during a layoff period with no notice or any kind of severance package.
I am a BSBA, but my business law knowledge is limited--I am surely no attorney. I have drafted a letter to the effect of "I have been asked to complete documents twice that would falsely verify that I left work of my own volition, which is not true. My attorney will be reviewing all of these documents very closely, and I will return nothing until he tells me so. It is my recommendation that you produce a severance package for me if you wish to have my signature on any documents you require." I have not sent this letter, but I am prepared to do so if it would be a wise method to encourage appropriate action on their part.
I would have actually spoken to our attorney about this, but he is on vacation for the month and I do not want this to linger. I feel that action is necessary right now.
Because my wife has received her final paycheck, it is my belief that she has essentially nothing to lose by demanding compensation in the form of a proper severance, as this company is clearly trying to break the law, or at the very least, shirk their responsibilities to their terminated employees.
I have enough legal knowledge to pose as a liason between my wife and her attorney, which I will essentially be doing once I am able to contact him. This would allow me to pen a letter with my own signature or at least make a stern phonecall to their HR department, asking them if they are aware of the circumstances in question and posit that they produce a severance package or land in court--in so many words.
Can anyone please give me some guidance as to what to do? I appreciate any and all advice.
Thank you
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