• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Probably just whining but would like to know

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

meschaper

Guest
What is the name of your state?Kansas

My son worked for a small call center. The manager is the boss's son (I know nothing wrong with that), the assistant manager is the manager's friend (also nothing wrong here) However, the working conditions became very tense, people getting fired and the rehired by MOM etc. Again not the issue. Sorry I digress.

On Monday my son was called into the office and told that since some of his leads were not home he was going to lose the raise he just got and was told his pay would go back to even lower that it was in the beginning. He said okay and came home after work a bit upset (all of the leads had rescheduled).

Tuesday (payday) my son called in sick, he told the boss (MOM) and she that was fine, hope you are better see you tomorrow. When he called this morning to get his check he was told that he could not get it until Friday, UNLESS he resigned. He explained that he needed his check to pay his car payment and was told "that's not my problem" (yes I agree it is not her problem). I called labor board and they said he should get his check now. He went up to the office and asked for his check he was told he had to resign or he would not get it. YES it was important he got his check today, he is buying his car from one of those pay every two week places that will pick up your car right then and there (yes I know bad place to buy a car but no choice at the time). She handed him a yellow pad of paper and told him to write "I resigned from the company" - he added "because I need my check" and she refused to take that. Told him he had to write what she told him to or forget it. So he did - of course now he is without a job. He was told by one of the other employees that last night while he was out sick the other employees were told that "there are issues with some people and we are going to get rid of them tonite" My son had no idea he was an issue, it was really quite a surprise to find out that he was a problem. It is such an easy job and he really liked what he was doing.

I just want to know if this was legal? If so then we shut-up and he looks for another job. By this I mean, making him resign to get his paycheck and/or making him wait until Friday to get it.

I would appreciate your views :confused:
 


BelizeBreeze

Senior Member
It was perfectly legal for the boss to demand he sign a resignation. It was NOT legal for them to withhold the check on condition of the resignation.

At the very least, your son should be filing for unemployment AND filing a complaint with the department of labor in your state. I doubt they can or will do anything now since he has already resigned, however, he may still be eligible for unemployment based on the duress of the 'resignation'.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top