Slander & illegally obtaining signatures

[Kat2Wolf]

Wisconsin.
This is complicated to keep brief, but I will do the best I can. I was fired, which is not my issue since my former employer is an "at will" employer, my issue is slander and misrepresentation of a state agency. My employee separation form stated "highly inappropriate and malicious conduct, violation of ethical business practice and confidentiality." This statement is very untrue (there was also a witness to the firing). My boss told me that Sue has my paycheck and vacation pay, but first we need you to sign this paper. I did not want to sign it due to the slanderous statements. This was the separation form....I asked what is was for and my boss told me "unemployment" needs it....so I signed it out of fear of not being able to collect unemployment and fear of not receiving my vacation pay if I didn't. I am a single mother suffering from Fibromyalgia so I couldn't risk not signing it if it was for unemployment. I checked with unemployment within a few days and they emailed me telling me that I am not required to sign such a form under Wisconsin Statutes (she has told employees this before which I have an email she wrote which backs up the fact that she lies to people about this form). My issue is slander and misrepresenting a state agency in order to obtain a signature. After receiving a copy of my personnel file I was able to determine the company that was faxed this separation form with the slanderous comments. Four months after I was fired, my supervisor was fired....during her firing, the CEO stated to her in front of a witness "you are in denial and this is not a therapy session". My former supervisor also told me that the CEO told her I received two formal warnings, which never happened and were not in my personnel file. The CEO also told my supervisor that she didn't like certain employees personalities because she suspected they were victims of childhood sexual abuse. Last year the CEO fired someone and told the entire staff he was trying to steal her husband's identity (extremely slanderous comments were made and I have a copy of her email in which a good portion of it could have been disproved). That situation is complex and you wouldn't believe it (I have letters and emails on that matter). The case was settled out of court based on discrimination. Do I have a case for slander and misrepresenting a state agency? My former supervisor is also interested to see if she has a case due to the comment the CEO made to her about therapy. We have both written to board members, but I don't think some of them want to deal with the problems until they feel a lawsuit and a publicity issue. One board member is very angry. This is a major non-profit agency that serves people with disabilites.
What type of lawyer would I need to contact since I have 2 issues......slander and inappropriately obtaining a signature?

 

[Beth3]

"Do I have a case for slander and misrepresenting a state agency?" No.

The company didn't represent a State agency. When they replied "for unemployment," that was a correct statement. They obviously intended to fax the termination form to the UC Division after you applied for benefits so it was indeed for [the] Unemployment [Divison.] They didn't say they were asking you to sign the form in order for you to receive unemployment and even if they had, that wouldn't have been prohibited. They haven't restricted your rights to apply for UC and the fact that you signed the termination form is irrelevant to your ability to receive UC benefits. All signing that form meant was that you were advised why you were being terminated. That's all.

Nor have they slandered you. The employer had every right to inform the UC Division why they terminated you. The fact that you do not agree with their opinion as to the reason for your separation does not make it slander. Whatever the CEO said about any other employee(s) has absolutely nothing to do with your situation.

What you need to do is apply for UC benefits - the State will decide whether you were terminated for a reason that disallows benefits. The burden of proof will be on your employer to demonstrate to the State that you were fired for willful misconduct.

 

[Kat2Wolf]

reply to slander & signing

According to WI Department of Workforce Development I am not required to sign any such form under the law. There is a special form that unemployment sends to an employer to see if they have any objections to a person receiving benefits. That form has nothing to do with UI (I was told unemplyment needs it) and was faxed to an agency hired by the company in order to help them deny benefits. I think lying about why a person is fired is wrong and the company can be held libel if the person suffers harm as a result. The statements were slanderous towards me and this person has been slanderous in the past and intimidating towards employees. What was written on that paper was not true about me and they don't have a right to lie to me about why I am signing something. I have already applied for benefits and have been approved becasue my employer could not substantiate their accusations. As a matter of fact it is being investigated by the state of WI......so it seems Unemployment has a problem with it.

 

[Beth3]

That is correct - you are NOT required to sign any such form. But there is no law preventing your employer from asking you to, therefore it was not illegal. It is not uncommon for an employer to ask a departing employee to sign their termination paperwork, although on the whole I think that's a silly request when someone is being fired.

In your original post, you did not say the employer said that "unemployment needs it." You said they told you it was "for unemployment." There's a difference.

I really can't imagine what the DWD is investigating. As I said, the paper you signed is irrelevant to whether you are eligible for UC benefits, which proved to be the case as you are receiving UC benefits,

 

[hexeliebe]

According to WI Department of Workforce Development I am not required to sign any such form under the law.

So why did you?

This brings up a point I hope every reader of this thread pays attention to.

Upon taking part in an exit interview, either on good terms or bad (firing) DO NOT SIGN ANYTHING. Especially if you are told your final check depends on your signing.

Instead tell whomever has asked you to sign the paper that you would be glad to sign as soon as you have your attorney look it over and give his/her blessings. However, you would like your check now.

The only time I was ever fired from a position I was handed such a paper outlining the employer's reason for the termination. Like this poster, it was full of crap. I asked for time to study the paper, took it to my desk, typed up (waaay before computers) my own version of the facts and returned telling the person "I would be happy to sign your form as soon as you sign mine".

I had my check in 10 minutes and was escorted out the door. Five years later I bought the business

 

[Kat2Wolf]

signature & slander

I signed the paper because I was never fired before and I didn't find out the unemployment laws until afterwards. Unemployment is investigating because while the form in general may be harmless, it can be harmless to someone if false statements are made on it and they said it is possible that others may have been emotionally intimidated into signing that form as well. The form was presented to me in a way that my checks were help until I signed the form. Since I am a single mom and suffer from a chronic illness, I could not risk losing my vacation pay. I have only been living in this state for five years and I have no family here. All of my reviews have been excellent and I have never received any warnings of any kind.
After being fired I also found an email that the CEO wrote to all staff and board members about another person she fired (I saved this email becasue there was a very good chance of a major lawsuit filed against the company). In that email, the CEO states in her own words "I gave him an employee separation form, required by unemployment". I wanted to quit last year becasue what she did to him was very very wrong, but I looked the other way becasue I needed my job. Me and my former supervisor wrote to a board member and he is very angry. He doesn't want this CEO, but he has a hard time finding support becasue of all the effort that goes into removing a CEO. He will be leaving the board and taking all of his funding with him.

 

[Beth3]

There's no point in discussing/debating this any longer but I just don't see that your employer has done anything prohibited. The document you signed is irrelevant, as you found out. WI UC reg's do not require your employer to inform you of anything regarding UC reg's beyond the mandatory posting advising you of your rights required under WI State law. As to "emotional intimidation," that's an irrelevant issue for several reasons, not the least of which is that the document itself is irrelevant to an employee's ability to collect UC benefits.

 

[Kat2Wolf]

slander

You're correct......there is no point in further debating this issue with you. One note.....they do not hang the required poster at this company that they are required to.