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nickort · Jan 6, 2011, 04:36 PM

tickle · Jan 6, 2011, 04:41 PM

First of all, are you in the US or Canada, my answer makes a difference. If you are in Canada, if you quit you can collect but it takes longer then if you are fired.

But, what do you mean 'illegal tactics'. That is abroad statement, so back it up with some information and you will get a better answer.

Tick

nickort · Jan 6, 2011, 04:55 PM

I was working for my second collecion agency. This one was way different and had a script for me to follow that statted th person I was calling is going to be getting served and possibly may have to pay back the debt with their "time". Implying they could go to jail. The company had me use a fake name and after about 3mnths the boss came in and said we are moving location and to call in 1wk and they will let us know where the new building is... I had advised them at that moment that I will not be returning.I didn't fell comfortable working for them anymore.

nickort · Jan 6, 2011, 05:12 PM

I have 1 more paycheck that is owed to me. I do have direct deposit and utilized it for my paychecks. My boss told me I cannot get my last paycheck unless I come in and sign for it. He said it will not be put into my direct deposit because they what it verified that I did get it. Won't the direct deposit be enough. I refuse to go there beause of confritations. They are doing this to be spiteful. How doI go about getting my last check if they refuse to send it to me

ScottGem · Jan 6, 2011, 05:18 PM

They can't withhold your pay check, but they can put conditions on delivering it. So you may have to sign for it, or send an authorized agent.

smoothy · Jan 6, 2011, 05:19 PM

Be a man. Go in and sign for it. Then deposit it and its all over with. Besides its not that unusual to do, even if you left on your own. You are only going to hurt yourself if you continue being stubborn. They have your check... they told you to pick it up... if you refuse to then its your fault not theirs.

Usually when you sign for that you turn in any keys and sign any papers required as you leave. Known as the exit interview.

You remember what they told you in grade school... about this going on your permanent record... trust me... be an *ss and they will remember it forever... and you will never get a decent reference from them... or ever get to come back... even if you come back begging 10 years from now.

Trust me... I quit a job in a very vocal fashion accompanied by a 4 page resignation letter. I named names and specified incidents in detail... real smart thing to do... NOT! That was in the mid 1980's and do you know they STILL talk about it. Yes I have friends that are still there... thats how I know. 25 years later and they haven't forgotten.

ScottGem · Jan 6, 2011, 05:22 PM

File for unemployment and claim that you were being asked to do unethical, probably illegal things. It may get you benefits.

ScottGem · Jan 6, 2011, 05:39 PM

Please don't keep starting threads over the same issue. I've merged your threads. If you have any more follow-up pleas euse the Answer options.

Fr_Chuck · Jan 6, 2011, 05:55 PM

Can you collect if you quit for being asked to do "illegal" things, yes, but you are going to have to prove what they did was illegal,

I actually had one where I resigned because company policy was actually to break state laws, the company policy was it was cheaper to pay a few fines if caught than the cost required to follow the laws. ** yes really a company police stated in company meetings. But of course they denied it at first and we had to go though two appeals and I had written emails and memos instructing me to do illegal things.

Often scripts are written that actually don't break the law, but imply things.

As for as the check, they can require you to do some things, one company required a written exit interview, others sign for it. So just go in and get it. Nicely, quietly and don't get into argument. Believe me, in a collection agency, they have most likely about a 200 percent turn over each year. So people quiting is normal

smoothy · Jan 6, 2011, 05:57 PM

You can always apply... they are going to contact the last employer and find out you quit and reject it... because making yourself unemployed by your choice is a disqualification in any state I know of.

You can however appeal the decision.. its going to take time, its going to take effort.. and in my case I proved I was put into a corner with no other exit to take. And it wasn't the employer or me that put me there. My case was the government. I won my appeal and got my checks... and believe me the employer fought it hard... because they pay that money to the state, the initial benefits anyway, but the burden will be on you to prove you deserve it when it flys in the face of the rules. That's no easy task given what you have said here so far..

Let me warn you first. The first time you start ranting (consider it lost that instant) or start spouting illegal tactics (which you BETTER... you better have tapes... witnesses and be able to quote case law that supports your claim) to have a chance... and even then... you are going to have to win the judges sympathy... or kiss it goodbye. It's a lot like fighting a traffic ticket... they are assumed to be correct until you can prove they aren't.

And with so many people unemployed right now... you may wait months just for a trial and everything is on hold until then if its rejected.

I've heard of people that had their applications accepted and still waited 4-5 months just for the first check to start.

nickort · Jan 6, 2011, 06:32 PM

I do have names of clients that I was dealing with and the name I used was nicole nelson. They just up and left to a new town I would think that would be enough? Im a mom of three, me not working doesn't work. I went from broker 2 bully 2 jobless!!

Fr_Chuck · Jan 6, 2011, 06:38 PM

First no them just leaving town merely means they leave town, nothing illegal about it, the firm I work for has moved several times to find a better building and place to be at.

Proof is things that can be touched or other employees who will testify to what was told. A copy of the script would be good But all you can do is try, not trying is just not a option.

Expect them to deny it to start with, many companies always deny unemployment and wait to see if the employee even files an appeal. So if they reject your first application, an appeal can take at least a couple months, so expect and plan for no income for two to three months at this point and time.

nickort · Jan 6, 2011, 06:58 PM

Do I see a judge, can't I just smile! I do have a copy of the script. I brought it home to memorize it. I mean 1 would think they wouldn't fight it because of how dirty they are, they wouldn't want things to go overboard. How'd I get involved in this!

Fr_Chuck · Jan 6, 2011, 07:33 PM

1. PLEASE, Please stop using the comment feature, that is not the proper use of it, actually answer your own question please to add more info

Actually normally you never actually go to a hearing, they do them over the phone, and you would have mailed any evidence and statements to them at the time of the appeal.

But most of the really dirty ones are the ones who don't want to pay higher unemployment costs, so they are the ones you can almost bet on that will deny unemployment the first time it is sent in.

Also unemployment hearings are not criminal courts, and they care less what you report to them, most will merely put the blame on crossing the line to you the operator, they will say they provide a script that why suggestive, does not say anything illegal, only lets the person beleidve that is what you said, they will further state that if you did say anything actually illegal, they were not responsible.

But then who knows, you will never know till you file, which is what you do

excon · Jan 6, 2011, 08:06 PM

Hello n:

Yes, you CAN collect.

Implying that people could go to jail if they don't pay, is a direct violation of the Fair Debt Collection Practices Act, section 807, paragraph (4) to wit:

"The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."

If you've got the script, you've got your PROOF.

I wouldn't go down to pick up your check either... There's absolutely no requirement that you do so... I'd go to the courthouse instead, and sue them for it.

excon

smoothy · Jan 6, 2011, 08:14 PM

Got to disagree about the check... they made it available if he doesn't want it then its on him. Final checks at every employer I've worked is like that. I get it when I complete the exit interview, returned all company propery and signed all required forms. And I've worked 9 different full time jobs over the years... not counting the early part time stuff.

Hard to argue it was misdelivered or not delivered as he holds it trying to sue them over it if he signed for it at their office.

And people have tried those tacts before... thats why they do it that way. CYA its called. People argue they weren't served all the time when they were and never got a package when they did, or argue it wasn't them that signed for it.
Particularly when the separation from service is hostile.

I have some HR friends too, told me about that stuff years ago.

Besides... anything he tries right now might be brought up at the hearing Best to play it cool, until the hearing is done and over. Or they might try to make it their mission, he doesn't need that level of attention if he hopes to win what I think will be an appeal of the unemployment insurance rejection. Sort of like stroking the angry dogs back as you slowly back out of the room.

tickle · Jan 7, 2011, 05:50 AM

How did it get from 'just go get your check', to 'sue them'. OP is well away from that job, as she now realizes. So why not just cut losses, so they have illegal practices, doesn't every collection agency, we all know their tactics are underhanded and dirty and can scare the pants of some, the way it is meant to do, right ?

Or have I not read all I missed. The last I read was OP had to go pick up her final check. And what is with this exit interview. I never heard of that before.

Tick

smoothy · Jan 7, 2011, 06:27 AM

Originally Posted by tickle

How did it get from 'just go get your check', to 'sue them'. OP is well away from that job, as she now realizes. So why not just cut losses, so they have illegal practices, doesnt every collection agency, we all know their tactics are underhanded and dirty and can scare the pants of some, the way it is meant to do, right ?

Or have I not read all I missed. The last I read was OP had to go pick up her final check. And what is with this exit interview. I never heard of that before.

tick

Exit interview is basically the employer taking care of any loose ends... getting any property they own back, getting the employee their last check... as well as any expense vouchers that might be outstanding. They get you the forms for COBRA and other things.

Usually its not a huge deal... it just helps make sure there are no unresolved issues that aren't squared away at the time of the break.

They are common at jobs where you are more than a simple peon. I can't remember any job I DIDN'T have one of those at... except one which had bizarre circumstances I won't go into here.

tickle · Jan 7, 2011, 06:48 AM

Thanks for explaining, Smoothy, but I guess the corporate world handles it differently in Canada. Upon leaving a job, for me at least, it was protocol to simply abide by a confidential list of materials the employers needed relinquished; no big deal about final payout, it was just provided, end of story and here's you hat, what's your hurry sort of. No 'exit interview'.

smoothy · Jan 7, 2011, 06:57 AM

Originally Posted by tickle

Thanks for explaining, Smoothy, but I guess the corporate world handles it differently in Canada. Upon leaving a job, for me at least, it was protocol to simply abide by a confidential list of materials the employers needed relinquished; no big deal about final payout, it was just provided, end of story and here's you hat, whats your hurry sort of. No 'exit interview'.

Well, I never worked in Canada... and if you are simply a strong back I.E. a laborer you might not do that here, I don't doubt many companies don't do it... but I've always worked in a specialized field that required a College education in electronics in some way or form... and where I'm at now... has not hired people without related experience in the direct field for over 40 years... meanng... we don't have entry level jobs.. and they aren't going to train you on the basics.. you have to already know the field well. And so... its high enough up the ladder that non-disclosure agreements etc... are common as you are leaving. Due to the sorts of information we have direct contact with and acess to on a daily basis. Heck a few even ram a non-compete clause that's unenforcible into the stack of paperwork.

Because they can't tell you that you can't work in your field or for a competitor if you leave... even if you was in that before you was hired there. And it's the field you have training in. But they certainly try.