What is the name of your state?What is the name of your state?
Missouri
I was terminated in June. I requested a "Service Letter." I received it yesterday and am wondering if it complies with State Law.
Here is the Missouri Law:
Letter of dismissal, when--failure to issue, damages--punitive damages, limitations.
290.140. 1. Whenever any employee of any corporation doing business in this state and which employs seven or more employees, who shall have been in the service of said corporation for a period of at least ninety days, shall be discharged or voluntarily quit the service of such corporation and who thereafter within a reasonable period of time, but not later than one year following the date the employee was discharged or voluntarily quit, requests in writing by certified mail to the superintendent, manager or registered agent of said corporation, with specific reference to the statute, it shall be the duty of the superintendent or manager of said corporation to issue to such employee, within forty-five days after the receipt of such request, a letter, duly signed by such superintendent or manager, setting forth the nature and character of service rendered by such employee to such corporation and the duration thereof, and truly stating for what cause, if any, such employee was discharged or voluntarily quit such service.
2. Any corporation which violates the provisions of subsection 1 of this section shall be liable for compensatory but not punitive damages but in the event that the evidence establishes that the employer did not issue the requested letter, said employer may be liable for nominal and punitive damages; but no award of punitive damages under this section shall be based upon the content of any such letter.
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Here is the letter I received. (names have been changed for obvious reasons)
"Joe Smith was employed with the Ajax Co. from June 28th, 2004 until June 6th, 2005. Mr. Smith worked in the office with customers, estimated job quotes and helped manage the shop & workers. Mr. Smith was dismissed due to rumors from another employee that he was pouring the foundation for a building to open his own widget company and to take the customers away form the Ajax Company."
John Owner
President
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Though the owner does not have the dates of employment correct, it appears that he has complied. However, what is missing, and is explicitly stated in the Law, is that he must set forth, "the nature and character of seviced rendered by such employee."
Though he stated the "nature", he failed to state the "character."
My question is, how will a judge view this? Will it be considered as an actual service letter, or not?
Is there grounds for suit based on the letter of the law?
Thanks,
Charlesk
Missouri
I was terminated in June. I requested a "Service Letter." I received it yesterday and am wondering if it complies with State Law.
Here is the Missouri Law:
Letter of dismissal, when--failure to issue, damages--punitive damages, limitations.
290.140. 1. Whenever any employee of any corporation doing business in this state and which employs seven or more employees, who shall have been in the service of said corporation for a period of at least ninety days, shall be discharged or voluntarily quit the service of such corporation and who thereafter within a reasonable period of time, but not later than one year following the date the employee was discharged or voluntarily quit, requests in writing by certified mail to the superintendent, manager or registered agent of said corporation, with specific reference to the statute, it shall be the duty of the superintendent or manager of said corporation to issue to such employee, within forty-five days after the receipt of such request, a letter, duly signed by such superintendent or manager, setting forth the nature and character of service rendered by such employee to such corporation and the duration thereof, and truly stating for what cause, if any, such employee was discharged or voluntarily quit such service.
2. Any corporation which violates the provisions of subsection 1 of this section shall be liable for compensatory but not punitive damages but in the event that the evidence establishes that the employer did not issue the requested letter, said employer may be liable for nominal and punitive damages; but no award of punitive damages under this section shall be based upon the content of any such letter.
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Here is the letter I received. (names have been changed for obvious reasons)
"Joe Smith was employed with the Ajax Co. from June 28th, 2004 until June 6th, 2005. Mr. Smith worked in the office with customers, estimated job quotes and helped manage the shop & workers. Mr. Smith was dismissed due to rumors from another employee that he was pouring the foundation for a building to open his own widget company and to take the customers away form the Ajax Company."
John Owner
President
--------------------------------------------------------------------------
Though the owner does not have the dates of employment correct, it appears that he has complied. However, what is missing, and is explicitly stated in the Law, is that he must set forth, "the nature and character of seviced rendered by such employee."
Though he stated the "nature", he failed to state the "character."
My question is, how will a judge view this? Will it be considered as an actual service letter, or not?
Is there grounds for suit based on the letter of the law?
Thanks,
Charlesk