Conflict with HR upon termination:

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catalentsucks

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I was recently terminated from a company in Florida after 23 years of service, 12 of those years I held a supervisory position. During the exit/termination meeting, although I was being terminated the HR manager asked me to sign a wilfull resignation document. At first I was hesitant because I was worried about being able to collect my unemployment benefits due to wilfull resignation. The HR manager stated i"f I did not sign the document stating the I wilfully resigned", she would tell any potential employer that called for reference that I was "Un-hireable". Personally it seemed like a threat. Is this standard procedure or even legal? Also would someone put the following statute in terms that I can understand;

448.045 Wrongful combinations against workers.--If two or more persons shall agree, conspire, combine or confederate together for the purpose of preventing any person from procuring work in any firm or corporation, or to cause the discharge of any person from work in such firm or corporation; or if any person shall verbally or by written or printed communication, threaten any injury to life, property or business of any person for the purpose of procuring the discharge of any worker in any firm or corporation, or to prevent any person from procuring work in such firm or corporation, such persons so combining shall be deemed guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (flsenate.gov 2008)
 
Talk to an attorney that document was signed under deress with very little bargaing power for the employee. Never sign a document after being terminated what happened here is what is known as the exit interview. Make no mistake it was crafted by company attorneys and the HR dept. It's like the old one two punch your still reeling from the termination then they make you sign a release of liability. They won't call it that, but the devils in the details.


Close reading of the statement will show that what it says. That you where treated fairly, and discharged for just cause. Then comes the waivers. Your ADEA rights, your right to sue, possibly your right to file unemployment claim. Have none of it! Your fired and that's all there is too it. Take your final check severance pay COBRA notice, any thing else you can squeeze out of him. Take copies of the release of liability UNSIGNED and take it to your attorney. There is no advantage to hanging around and being scammed into something that will help your employer.

The facts that he would make you want to sign document relating to your termination. Only show he's worried about its validity and he fear the worst of all labor suits, wrongful termination. A good labor attorney will be able to squeeze more out him than he is offering out of the goodness of his heart.
 
Green Hornet said:
Talk to an attorney that document was signed under deress with very little bargaing power for the employee. Never sign a document after being terminated what happened here is what is known as the exit interview. Make no mistake it was crafted by company attorneys and the HR dept. It`s like the old one two punch your still reeling from the termination then they make you sign a release of liability. They won`t call it that, but the devils in the details.


Close reading of the statement will show that what it says. That you where treated fairly, and discharged for just cause. Then comes the waivers. Your ADEA rights, your right to sue, possibly your right to file unemployment claim. Have none of it! Your fired and that`s all there is too it. Take your final check severance pay COBRA notice, any thing else you can squeeze out of him. Take copies of the release of liability UNSIGNED and take it to your attorney. There is no advantage to hanging around and being scammed into something
Click to expand...
 
unfortunatly, i signed during the exit intervew as i was worried about not being able to collect my unemployment benefits and was furthermore threatened by being told they would tell any potential employers i would not be a good candidate for employment. i did however make a comment on the document before i signed it; stating that i in no way agreed with it.
 
Talk to one anyway he may be able to overcome it.
 
GH is right on this one and I would talk to an attorney. As for the unemployment benefits, you would be considered a termination and not a voluntary quit under the law since you really didn't have an option when they said resign or immediately get terminated. Depending on the employer, and it seems this one is nasty, they may not contest it (this one probably will). It would then be up to them to prove willful misconduct in this case. See if you can find any documentation you may have saved pertaining to any sort of prior work history at this employer that illustrates no prior issues. As for the "un-hirable" issue, the employer can state that, but by law should not say anything in detail about it. Just because you are unhirable back at that location does not mean it will be for every employer, and the law protects you from that. However, that is another matter altogether.
 
I was the only female supervisor at the time working along with 6 other male supervisors. The reason I was terminated was for leaving early without notifying my manager, however; I did notify him by phone and left a voice message, although they deny that I have done this. I have had one previous occurence of this before and was counceled about it. At least 4 of the 6 other supervisors constantly leave early and no action is ever taken against them. Would this be considered discrimination and if so based on what?
 
It's possible. You can certainly run it past the EEOC and see what they say.
 
Thanks. I appreciate the information all of you have provided. I'll probably some more inquiries in the future, right now just going ape s**t trying to find another comparable job.
 
I lost my decoder ring, is ther anyone that could possibly deciper the following Florida state statute;
448.045 Wrongful combinations against workers.--If two or more persons shall agree, conspire, combine or confederate together for the purpose of preventing any person from procuring work in any firm or corporation, or to cause the discharge of any person from work in such firm or corporation; or if any person shall verbally or by written or printed communication, threaten any injury to life, property or business of any person for the purpose of procuring the discharge of any worker in any firm or corporation, or to prevent any person from procuring work in such firm or corporation, such persons so combining shall be deemed guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (flsenate.gov 2008)
 
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