[excon]

Hello again:

While I don't doubt that many companies would LIKE to do an exit interview, there's no law that requires a terminated person to attend. This lady, and she is a lady, smoothy, doesn't want to go back into lions den. She knows something we don't. That's cool. She's NOT required to go, and I absolutely would not.

What I would do, is SUE them in small claims court. If they have something they need to say to her, or for her to sign, they can do it by mail or in court.

excon

[smoothy]

It may have been a bad place... BUT they were offered their check... all they had to do was come and pick it up and sign for it. They have no legal obbligation to jump any hoops a former disgruntled employee dreams up.

Sure they can try and file... and all the companies lawyer has to do is show the check has been available for pickup fpr some time but they have refused to pick it up. You can't create a situation then expect to sue for it, and win.

Then its case dismissed. I'm not appologizing for the employer... but it's their responsibility to suck it up and go pick it up from the ex employer. They were not sexually assulted by anyone there... they weren't beat up by anyone there... they weren't even threatened by anyone there anymore than many employers do, as in do your job or clean out your desk, this is purely upon the OP to go pick it up. After all they applied for a job at a collection agency... did they think they were going to be working for UNICEF? There isn't anyone I know that thinks those are a bunch of nice guys (and Gals).

Apparently they are swimming in cash since picking it up apperently isn't important.

And incidentally... I never read any indication as to the posters gender in this thread until you mentioned it. I assumed it was a guy based on the username and how they wrote. But that is immaterial as they have the problem and no threats of physical harm were made to them.

Let them try and sue for a paycheck they refuse to go pick up... its going to cost money... and they are going to lose and its going to give more ammunition to use against the OP if they have to make an appeal if their unemployment insurance Claim is rejected.

Refusing to pick up an available check isn't a rational act... and will only make them look less rational.

I've always had my checks direct deposited, since that option was available... and no ex employer ever direct deposited my last check... (and as I said earlier I've had 8 different over the first 14 years out of college plus the one I'm at now).. and I never got my underwear in a knot over it. Even when the reason for leaving wasn't a nice one.


It takes 5 minutes and they will have their check and its over, they can work on moving on... nobody NEEDS extra stress so why make extra stress being bullheaded.

[excon]

They have no legal obbligation to jump any hoops a former disgruntled employee dreams up.

Sure they can try and file....and all their lawyer has to do is show the check has been availible for pickup but they have refused to do so.

Then its case dismissed.

Hello again, smoothy:

Nope. Small claims doesn't work that way. In MOST states, attorney's aren't even allowed. Plus, there is NO argument before a hearing, and there's only ONE hearing... It IS true, her ex employers don't have to jump through hoops for her (other than to obey the law), but they DO have to jump through hoops for the judge.

All she has to do is file. They'll show up or lose.

excon

[smoothy]

Hello again, smoothy:

Nope. Small claims doesn't work that way. In MOST states, attorney's aren't even allowed. Plus, there is NO argument before a hearing, and there's only ONE hearing... It IS true, her ex employers don't have to jump through hoops for her (other than to obey the law), but they DO have to jump through hoops for the judge.

All she has to do is file. They'll show up or lose.

excon

And they can try that route... and guarantee they will lose their unemployment claim application appeal... because that suit WILL prove their reason for leaving prevents them from eligibility. And IS admissible for the employer to use. I would be related to their employment after all.

But, Hey it's their choice... they are swimming in cash and have all the time in the world to do all of this.

Personally when I was ever between jobs... I may have had plenty of time between interviews and applications... but never plenty of money.

In this economy I think its counter productive to their best interests to do it and I explained why... jobs are scarce... and I doubt they are independently wealthy.

There are always lots of things you CAN do... but many times they are'nt what you should do. But ultimately if they waste their time and money going that route and loose their housing and end up on the street or with a relative... its going to be a result of the choices they make.

It takes a LOT of your effort to find a good gob these days... all of it actually. Waste it over a petty personal issue and you have less to find that new job.

They can live in the past... which they are doing right now... or they can put the past behind and move forward... You can't be in both places at once.

[nickort]

No, I do not have the cash to dwell on it nor not look for another job! I DO have a broker license and there are not many jobs around here right now hiring and I am at the peace bridge border. Yes I chose to wrk there.. bad choice...

[nickort]

I seen what was going on there and looked for other jobs while still there, I'm not going to leave my family high and dry, but after so long you can only be ones patsy before the doors bust in and you're the one being arrested

[smoothy]

So you see the point I'm trying to make to you then... go get that check and get out taking no more time than you have to and dealing with no one you don't have to... and except for trying to colllect the unemployment have no further dealings with them, consider this a painful life lesson. Trust me... I'm telling you that because I've done it too... different job fields... different employers... but similar experiences. Best thing to do is move on past it rather than dwell on it.

And one last important thing... and why to put it behind you... bitterness and hostility have a way of poisoning your soul... and people you might find interviews with might see it as a character flaw. Anything that you let bother you that much you can't hide in your personality, the bitterness shows through, Or even worse it can make you develop a few bad habits that are hard to break.

That's why I emplore for you to just go get the check... keep your temper in check while you are there... and get out without saying anything... swear at them after you are back inside your car if you must... but get that check and get out without causing a scene... because they will use it against you if there is an appeal.

We like to call that "chose your battles carefully"... because some aren't worth fighting.

And remember this thought... after that... "you won't be dealing with them again." That should be able to put a smile on your face for some time. I know it helped me get over the bitterness until it faded. And it will fade.

"A wound won't heal if you keep picking at the scab...."

[AK lawyer]

I had advised them at that moment that i will not be returning.I didnt fell comfortable working for them anymore.

Doesn't bode well for successfully getting UI benefits.

What you described is probably not illegal, merely unethical. With collection agencies, that seems to be the way business is done.