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Old 03-03-2011, 02:10 PM
 
Location: Northern California
3,679 posts, read 13,134,187 times
Reputation: 1830

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Don't sign!
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Old 03-03-2011, 02:39 PM
 
Location: San Diego, California Republic
16,425 posts, read 22,274,388 times
Reputation: 8614
I'm joining the chorus here. Don't sign that or anything else.

I'd also talk to an attorney immediately. They cannot threaten to with hold pay either.
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Old 03-03-2011, 02:53 PM
 
Location: Living on the Coast in Oxnard CA
15,692 posts, read 26,672,250 times
Reputation: 20272
Quote:
Originally Posted by EmploymentQ View Post
Hey guys,

Would really appreciate some advice on this.

I worked at a position where I was continually sexually harassed, discriminated against and retalaited against by my employer for making these complaints.

And you still want to work there?

I was given a list of requirements I had to meet in order to keep my hourly (I was getting commission as well), and was told that should I not meet these requirements, my hourly would be dropped. They said I could still come in to work, but on commission only.

This was not satisfactory to me, so I decided that I would work from home instead on a 1099. This was an agreeable arrangement with my employer.

My employer did not wait for month's end to see if I had met the requirements, but rather did everything to rush me out -- even telling me that the last day of the month would be my final day. I was not ready at my home office, but on the last day, they handed me a resignation letter to fill out and sign.

You weren't ready to work out of your home office? If the employer allows you to work out of your home how long should they give you to get ready? My personal advice on this is if you are going to work from home, you need to make sure that the home work space is ready the day you stop driving to work. I don't think that the employer is at fault here, I think that you would be.

I don't see this as me resigning: they threatened that if I failed to meet certain quotas, my hourly would be dropped and that I'd be commission-only on a W2. No one is going to come into an office and do that every day without getting paid, so essentially they were terminating me without giving me a chance to meet the requirements by month's end.

Did you meet the quotas that were agreed upon or did they just drop you?

I told them I'd think about the resignation letter over the weekend, and now that I said I wouldn't sign it, they were pretty much begging me to come back.

My question is: what are they so afraid of that they want me to sign this thing?

By signing it, am I no longer allowed to sue them if I want -- and will I be denied unemployment money?

I'm very confused at this point. Would appreciate any advice.

Thanks.
Personally I would run from this employer. I have no need for a hostile environment, unless you have some hot young thing that wants to be hostile toward me. LOL. Since I don't see that happening, I would get out.

I also would not sign anything at least untill an attorney or some other employment agency, unemployment agency has informed you of your rights and where to go from there.
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Old 03-03-2011, 02:58 PM
 
2,222 posts, read 9,446,252 times
Reputation: 3269
Quote:
Originally Posted by EmploymentQ View Post
Hey guys,

Would really appreciate some advice on this.

I worked at a position where I was continually sexually harassed, discriminated against and retalaited against by my employer for making these complaints.

I was given a list of requirements I had to meet in order to keep my hourly (I was getting commission as well), and was told that should I not meet these requirements, my hourly would be dropped. They said I could still come in to work, but on commission only.

This was not satisfactory to me, so I decided that I would work from home instead on a 1099. This was an agreeable arrangement with my employer.

My employer did not wait for month's end to see if I had met the requirements, but rather did everything to rush me out -- even telling me that the last day of the month would be my final day. I was not ready at my home office, but on the last day, they handed me a resignation letter to fill out and sign.

I don't see this as me resigning: they threatened that if I failed to meet certain quotas, my hourly would be dropped and that I'd be commission-only on a W2. No one is going to come into an office and do that every day without getting paid, so essentially they were terminating me without giving me a chance to meet the requirements by month's end.

I told them I'd think about the resignation letter over the weekend, and now that I said I wouldn't sign it, they were pretty much begging me to come back.

My question is: what are they so afraid of that they want me to sign this thing?

By signing it, am I no longer allowed to sue them if I want -- and will I be denied unemployment money?

I'm very confused at this point. Would appreciate any advice.

Thanks.
They are afraid because of the complaints you made about harassment. They thought they could force you out by threats. Their attorney probably advised them to bring you back into the fold and make nice nice.

Be very careful. Don't sign anything without an attorney review. And don't trust them in any way.
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Old 03-03-2011, 04:25 PM
 
Location: San Diego
34,951 posts, read 31,969,818 times
Reputation: 19424
Document EVERYTHING in case this ends up in court, and it usually will.
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