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Post-employment advice



"Beagle"
3/6/2005 10:20:56 PM


Folks,
I was offered to accept either a demotion and 1/2 pay cut, or told to
resign. I opted to resign, and was asked to sign resignation documents,
but did not comply. The company H.R. sent me a letter saying my final
pay was ready for pick up, and that I needed to sign the resignation
documents and return the badge before I can receive my check. I know
specific state laws may apply and am trying to overcome all of the
obstacles of being unemployeed, including no medical insurance,
continued expenses of living, and homelessness. What can I do?
 
 
"Mark A"
3/9/2005 10:23:36 PM




"Beagle" <beagle197@hotmail.com> wrote in message
news:h0in21hqu4aiodaliu76qno3fj9atpuugs@4ax.com...

Folks,
I was offered to accept either a demotion and 1/2 pay cut, or told to
resign. I opted to resign, and was asked to sign resignation documents,
but did not comply. The company H.R. sent me a letter saying my final
pay was ready for pick up, and that I needed to sign the resignation
documents and return the badge before I can receive my check. I know
specific state laws may apply and am trying to overcome all of the
obstacles of being unemployeed, including no medical insurance,
continued expenses of living, and homelessness. What can I do?
Contact you state employment commission immediately.
 
 
"John A. Weeks III"
3/9/2005 10:23:51 PM


In article <h0in21hqu4aiodaliu76qno3fj9atpuugs@4ax.com>,
"Beagle" <beagle197@hotmail.com> wrote:
I was offered to accept either a demotion and 1/2 pay cut, or told to
resign. I opted to resign, and was asked to sign resignation documents,
but did not comply. The company H.R. sent me a letter saying my final
pay was ready for pick up, and that I needed to sign the resignation
documents and return the badge before I can receive my check. I know
specific state laws may apply and am trying to overcome all of the
obstacles of being unemployeed, including no medical insurance,
continued expenses of living, and homelessness. What can I do?
Get a job? By telling you that your final check is ready,
you have been terminated. They cannot hold your last check
since doing so would mean that you worked for less than
minimum wage ($0 per hour), and that is illegal. Don't
sign anything since that can limit your ability to claim
unemployment. They are required to make health insurance
available to you for up to 18 months, with you paying the
premium. You might also want to look at a major medial
policy.
-john-
--
======================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
======================================================================
 
 
Paul Cassel
3/9/2005 10:24:03 PM


Beagle wrote:
Folks,
I was offered to accept either a demotion and 1/2 pay cut, or told to
resign. I opted to resign, and was asked to sign resignation documents,
but did not comply. The company H.R. sent me a letter saying my final
pay was ready for pick up, and that I needed to sign the resignation
documents and return the badge before I can receive my check. I know
specific state laws may apply and am trying to overcome all of the
obstacles of being unemployeed, including no medical insurance,
continued expenses of living, and homelessness. What can I do?
You infer you wish to get your paycheck, but don't want to either return
your badge or sign the resignation letter or both. Is that it? If so,
why not? Is it you wish to file for unemployment? You can do that in
most states (all I know of) even having resigned by claiming your
resignation ws forced by a constructive layoff (the demotion). Now you
may not win, but I doubt your signature on the resignation letter will
make a difference. You DID resign so signing the letter and returning
the badge is reasonable.
Next time this occurs, consider taking the downgrade, then consulting
with some legal experts about your options instead of instantly
resigning - unless you are reasonably sure you have other employment. As
far as medical, ask HR when you're in there about COBRA.
-paul
ianal
 
 
"Stuart A. Bronstein"
3/9/2005 10:24:14 PM


"Beagle" <beagle197@hotmail.com> wrote:
I was offered to accept either a demotion and 1/2 pay cut, or
told to resign. I opted to resign, and was asked to sign
resignation documents, but did not comply. The company H.R. sent
me a letter saying my final pay was ready for pick up, and that
I needed to sign the resignation documents and return the badge
before I can receive my check. I know specific state laws may
apply and am trying to overcome all of the obstacles of being
unemployeed, including no medical insurance, continued expenses
of living, and homelessness. What can I do?
If the letter says or implies that you resigned voluntarily, don't
sign it. They're trying to prevent you from getting unemployment
insurance.
Depending on the state you are in, you might just leave, apply for
unemployment and then sue the company (if there is a state labor
commission try there first) to get whatever they owe you. Under
the circumstances even if you resigned I suspect that you are
entitled to unemployment.
Stu
 
 
justin1138@REMOVEnet.rev.net (Justin)
3/11/2005 9:23:59 PM


"Stuart A. Bronstein" <spamtrap@lexregia.com> wrote in
news:usev21ppmk76bjb7ekr518j7f0ca1h0lis@4ax.com:
"Beagle" <beagle197@hotmail.com> wrote:
If the letter says or implies that you resigned voluntarily, don't
sign it. They're trying to prevent you from getting unemployment
insurance.
Depending on the state you are in, you might just leave, apply for
unemployment and then sue the company (if there is a state labor
commission try there first) to get whatever they owe you. Under
the circumstances even if you resigned I suspect that you are
entitled to unemployment.
Stu
Why do they want you gone? Were you doing quality work? They might
have grounds to want you out of there, or they might not. I worked for
a supervisor who wanted me gone, and it sounds ironic, but they wanted
me gone for doing a quality job (better than they were doing). I was
making customers happy, following co. procedures to the letter,
exceeding sales goals, etc.. The old "I'm afraid this hotshot is going
to take my job" routine. So the supervisor made my life hell with
mindless, senseless nitpicking to the point of virtual mental torture.
I was threatened with being written up for not stapling papers the way
she liked them stapled. In my 90 day evaluation, I was raked over the
coals with erroneous fabrications and outright lies. But life's too
short to suffer assholes. I got a better job with better co-workers and
am happy now.
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