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Backdating a termination date?

Discussion in 'Termination: Firing & Resignation' started by bug1296, Nov 17, 2009.

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  1. bug1296

    bug1296 Law Topic Starter New Member

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    I went into my office on November 2nd, sat through a meeting and then was terminated after the meeting via e-mail when I got home (I'm in sales and work out of my house). I was told after the meeting I would be terminated due to my failure to sign a noncompete agreemen. This was my choice and I knew I would be terminated. However, on November 13th I received my termination letter which used an October 30th termination date. They state that I was given until that date to sign the noncompete or I would be terminated. I was given until that date to sign but was never told I would be terminated if I didn't.

    By using the October 30th date instead of November 2nd they cut my benefits off on October 31st instead of the end of December and they don't have to pay me for my November 1st commission which total over $3k. Considering hiring an attorney if no other reason then just to stick it to them. I still have the work computer and all files and other equipment in my house pending a $27k payment I'm supposed to receive that they have agreed to pay me.

    Do I have a case here? Can they back date a termination date?
     
  2. Patricia_Young

    Patricia_Young New Member

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    They can use any date they like, but I think you have at least the discussions of a case.

    However, do NOT hold their equipment or files. You may have a civil case, but if you don't return their property, that could be considered criminal (theft). Two different issues.
     
  3. bug1296

    bug1296 Law Topic Starter New Member

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    What if I've told them to come get them and they haven't? I have not told them they can't have them I've just made no effort to deliver them. They can have them if they want them...
     
  4. jacksgal

    jacksgal Super Moderator

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    Explain why they are obligated to come get it?
     
  5. DSolomon009

    DSolomon009 New Member

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    Why don't you go consult with an attorney? Many of them will do initial consultations for free.
     
  6. bug1296

    bug1296 Law Topic Starter New Member

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    Well, this was a bad falling out - I'm holding a little grudge here. I don't think they are obligated but I've taken the position if they want them they can come and get them. I'm not holding them from them as much as they aren't coming to pick them up. I guess the question would be why am I obligated to take it to them? I'm no longer their employee. Plus, there have been several people in my position in the last three years that were let go and the company alwasy went and picked up the property. They set th precedent I guess.
     
  7. bug1296

    bug1296 Law Topic Starter New Member

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    I wanted to see if the "users" thought it was worth it.
     
  8. jacksgal

    jacksgal Super Moderator

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    If the property does not belong to you and you keep it its theft! They do not have a legal obligation to go get it although they could. You have a legal obligation to return the property. You risk a theft charge by not returning the property. Just because they went and got property from other employees does not bind the to do so with you
     
  9. Patricia_Young

    Patricia_Young New Member

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    Just to clarify, I'm not saying you have a case for a civil suit necessarily, what I'm saying is that you have an argument.
     
  10. bug1296

    bug1296 Law Topic Starter New Member

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    Of course. I think all I need is an argument. I don't think it would go much farther. It's not worth if for them, and honestly, I don't care if I win monetary damages. It's just the point of the matter. Thanks.
     
  11. jacksgal

    jacksgal Super Moderator

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    Just a thought here. A suit could provoke a counter suit for the property not returned
     
  12. bug1296

    bug1296 Law Topic Starter New Member

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    I'm OK with that honestly. Because, like I said, they can have it. I guess the only thing I'd be worried about is the County Sheriff showing up for the property, but again, they can have it.

    I'll probably end up turning it in and then going after my money.
     

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