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Asked to falsify documents after termination??

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EndoKain

Junior Member
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
 
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pattytx

Senior Member
She has her final check in full, yes?

If I were her, I wouldn't sign ANYTHING. There is no reason to. An ex-employee doesn't have to "sign" to cancel benefits. Benefits are cancelled according to the plan rules.

Yep, this would be good severance package leverage. I sign the documents, you provide severance. Having said that, though, she has nothing to lose by waiting to discuss this whole situation with the attorney. No reason for you to get involved (and some good reasons for you not to).
 

EndoKain

Junior Member
She has her final check in full, yes?

If I were her, I wouldn't sign ANYTHING. There is no reason to. An ex-employee doesn't have to "sign" to cancel benefits. Benefits are cancelled according to the plan rules.

Yep, this would be good severance package leverage. I sign the documents, you provide severance. Having said that, though, she has nothing to lose by waiting to discuss this whole situation with the attorney. No reason for you to get involved (and some good reasons for you not to).
Yes, she received her check in full.

Would it be wise of us to seek out an alternate attorney to settle this matter? Is this the kind of thing that a law firm would offer a free consultation for and guarantee results? I have no capital with which to pay an attorney upfront, and would prefer one that will take payment only out of what the settlement (otherwise there is no charge to us)

This seems to me like a time sensitive matter and they are obviously trying to bar my wife from filing for unemployment if they can get away with it. This leaves us without her income until she either finds a new job or gets this matter settled in, or out of, court.

Similarly, would it be wise of her to call herself and state that she will not be signing any documents until given the green light from a legal adviser, and that she wishes to receive a compensation package over this? Or send a letter with her own signature stating so?
 
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pattytx

Senior Member
Why do you feel it is time-sensitive? You think if she waits too long, they'll just drop the whole issue and thereby the severance leverage goes away? That's not impossible.

Contact your nearest County Bar Association or your attorney's office (if it's not closed altogether, his secretary or paralegal should be able to provide her with a reference). The Bar Assoc can provide you with names of attorneys who specialize in employment law with whom you can get a brief consultation for a reasonable fee. But NO reputable attorney is going to guarantee you ANYTHING.

BTW, a severance agreement cannot require the employee to sign away his right to unemployment benefits or wages due under the law. Such clauses would not be enforceable anyway. She should file for benefits immediately.

And I would just ignore their letters until she talks to an attorney (if that's what she decides to do).

BTW, what other things are they asking her to sign?
 
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EndoKain

Junior Member
Why do you feel it is time-sensitive? You think if she waits too long, they'll just drop the whole issue and thereby the severance leverage goes away? That's not impossible.

Contact your nearest County Bar Association or your attorney's office (if it's not closed altogether, his secretary or paralegal should be able to provide her with a reference). The Bar Assoc can provide you with names of attorneys who specialize in employment law with whom you can get a brief consultation for a reasonable fee. But NO reputable attorney is going to guarantee you ANYTHING.

BTW, a severance agreement cannot require the employee to sign away his right to unemployment benefits or wages due under the law. Such clauses would not be enforceable anyway. She should file for benefits immediately.

And I would just ignore their letters until she talks to an attorney (if that's what she decides to do).

BTW, what other things are they asking her to sign?
Essentially, yes, I am afraid that we will lose our opportunity. Further, our income has been seriously impaired and I would like to resolve this ASAP.

Thank you for the advice, I will contact the Bar Associated like you recommended and see what I can find.

There is an exit survey included with some assorted questions about work conditions and her personal treatment, although the questions are laced with statements such as "when you ended your employment" and other such catches that imply that she quit by her own decision.

There was form to continue (at her own cost) or decline continued medical benefits as well.

Additional specifics, I would have to review the paperwork myself but I don't have them with me at this time. I could look through them and report back if you wish.

What should we do if we are contacted and asked again to supply the documents? I know this is something they will do eventually. Should we tell them that we are in the process of seeking legal counsel regarding the matter? I would really like to set a fire under their rears and send a clear message that we aren't going to mess around with this very serious matter, and we certainly won't be harassed into giving into their requests. If I can get them to produce what we want without the need of a legal battle with attorneys and fees and the full nine, it would be much less stressful for us.

Edit: also, I am concerned that if they record paperwork falsely stating that she quit of her own accord, that she will be denied unemployment benefits and then be required to enter a struggle with those people over whether or not she was actually laid off and would qualify.
 
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commentator

Senior Member
While severance also may be an issue, though companies generally do not have to give anyone a severance package, she should sign up immediately for her unemployment insurance. They may be trying to deny her severance and keep her from receiving benefits by asking her to sign a statement that she has voluntarily resigned, but you do not have to have a separation letter or statement from your employer to sign up for benefits. If you file, and you don't have it, they will contact the employer and take a statement from them about the reason you left. Remember, they don't automatically take the employer's word for it, they also give credence to what you say. Don't worry about "entering into a struggle with them", it is a struggle your wife very likely will win, one that the unemployment office sees all the time. The ole "I voluntarily quit" letter after we laid you off is as old as history!

While you need to check with an attorney concerning the receipt of a severance package, no attorney is required for signing up for her benefits. She needs to tell the claims taker that she was TOLD it was her last day, was not given the choice, but was told to leave, and was escorted off the premises by security. She can then show them the letters she was sent later requesting that she sign statements that she left of her own volition, though of course she is insisting, all the while that this termination was not her idea, was the company which is experiencing cut backs.

I agree with everyone, don't sign any of this garbage.It is not lawful to attempt to defraud a former employee of their unemployment benefits. These were set up so that when a company is short of work, they have these benefits available to tide their workers over until they find another job. This is not based on the employee's need, or being low income, is not a pride issue, is not a government dole but an insurance program, and your wife needs to get started receiving them immediately.

Later if she does receive a severance package from this company, she will report it and it will be dealt with according to the statutes in place in your state.
 
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Zigner

Senior Member, Non-Attorney
Hey folks - let's be clear. Asking an employee to sign a document saying s/he voluntarily left is NOT illegal (ie: not attempted fraud)
 

pattytx

Senior Member
There was form to continue (at her own cost) or decline continued medical benefits as well.
That is COBRA. It is required by law that the employer provide that notification.
 

EndoKain

Junior Member
Hey folks - let's be clear. Asking an employee to sign a document saying s/he voluntarily left is NOT illegal (ie: not attempted fraud)
Can you expand upon that, please? I was under the impression that it is.

Specifically for Arizona, which is a right-to-work state.
 
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Zigner

Senior Member, Non-Attorney
Can you expand upon that, please? I was under the impression that it is.
What makes you think it is? If the (former) employee doesn't agree with the paper, said (former) employee doesn't sign. You could be asked to sign a document stating that you are DB Cooper. Of course, you wouldn't sign...but it's not illegal to ask.
 

pattytx

Senior Member
"Right to work" means you don't have to join a union to get a particular job. What you're talking about is "at will employment".

Agree with Zigner here. I can ask you to sign something saying you owe me a gazillion dollars. It is not illegal for me to ask.

Zigner, you WERE the one who owed me a gazillion bucks, right? :D
 

Zigner

Senior Member, Non-Attorney
Can you expand upon that, please? I was under the impression that it is.

Specifically for Arizona, which is a right-to-work state.
Right to work has absolutely no bearing on this. It is related to unions.
 

EndoKain

Junior Member
What makes you think it is? If the (former) employee doesn't agree with the paper, said (former) employee doesn't sign. You could be asked to sign a document stating that you are DB Cooper. Of course, you wouldn't sign...but it's not illegal to ask.
What made me think it is, is the fact that it is, at it's core, fraudulent and unethical to request somebody fabricate a document that is a lie.

However, you used the word "ask". This is not something she is being politely "asked" to do. At the time of her termination it was told to her "We will need you to write a signed letter of resignation" to which she replied "No."

This seems to constitute more of a demand in my opinion.

Am I grasping at straws here, or am I wrong to think the legal system would account for an activity as slimy as this and actually prohibit it? If not then I must admit that I am shocked.

(Edit: I meant Resignation, not Recommendation)
 
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Zigner

Senior Member, Non-Attorney
What made me think it is, is the fact that it is, at it's core, fraudulent and unethical to request somebody fabricate a document that is a lie.

However, you used the word "ask". This is not something she is being politely "asked" to do. At the time of her termination it was told to her "We will need you to write a signed letter of resignation" to which she replied "No."

This seems to constitute more of a demand in my opinion.

Am I grasping at straws here, or am I wrong to think the legal system would account for an activity as slimy as this and actually prohibit it? If not then I must admit that I am shocked.

(Edit: I meant Resignation, not Recommendation)
I understood what you meant ;)

Yep, it's perfectly legal to ask (as the employer did) and it's also perfectly legal to refuse (as the employee did)
 

EndoKain

Junior Member
I understood what you meant ;)

Yep, it's perfectly legal to ask (as the employer did) and it's also perfectly legal to refuse (as the employee did)
Well that's just dandy. Thanks for killing my faith in the American legal system. (kidding)

Seriously though, thank you everyone for your advice. If anyone else has anything else to add or further advice, I would be glad to hear it.

I may go ahead and see what a lawyer might say, given all the evidence, if I can manage to get a free consult, but for the time being, they'll get no paperwork from her.
 

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