Wife was told last week that they were going to terminate her position at the bank. She was told verbally her last day would be July 14th (no letter). They made no mention of severance (they don't have a severance policy). She was told she still had to come to work, but she could take off for interviews with perspective new employers if required. Seems stupid to me, how motivated are you supposed to be?
She asked for severance on Monday. Wednesday she was told they would give her severance and that her last day would be today, Friday June 23rd.
They gave her a letter to sign to get her severance that stated SHE was VOLUNTARILY RESIGNING. What crap, they said they were terminating her position and now they say this? She did not sign the letter, and was told she had 7 days to do so.
My question is this: If she signs the letter as is (saying SHE resigned and will collect her severance), does she have a legal leg to stand on to collect un-employment insurance in the state of Texas or will they say "No, you quit voluntarily"?

Thanks (anybody looking for an executive secretary with a social work degree )
Rob and Billie

 

I don't know about Texas, but the situation was similar for my wife. She worked for a Major Shipping Company in Louisville. She got sick, they threatened to fire her if she missed any more work. She got mad and signed the resignation. They did away with her position. No recourse from unemployment.

Be very careful. Based on our experience, a call to your favorite legal advisor may be best.

Ed

 

If she signs there is NO unemployment. Is the severance package worth it? I'd tell them to shove it. Make them sign paperwork. You have a verbal contract for work till July 4th.

 

I second the opinion that you should seek legal counsel! At the least it's a civil rights violation, and seems to me it's outright extortion, but what can one expect from a bank?

To answer the question, no she cannot collect unemployment, and that's exactly why they want her to sign the letter.....

 

Rob,

Sorry, I don't have a clue when it comes to your question. I just wanted to wish you and Billie the best. She will find something BETTER and it won't take too long. Good things happen to good people .


Hang in there,
PISTOL

 

I too vote that you seek a lawyer...

Here in Missouri.. If she were to sign that letter there would be NO unemployment available. Texas may be different.

Although I think the laws are somewhat federally governed.

 

Rob,

Sorry I can't answer your question. I agree with the others that if she signs that resignation letter....unemployment compensation is out the window.


This really blows. I also suggest contacting an attorney for advice on this situation.


Good luck with everything! I have no doubt she will be employed soon for a better employer too. It might even be a blessing in disguise. Keep us informed what happens.

 

If she wants unemployment coverage she shouldnt sign that paper.

 

Don't sign! ContactTexas Dept of labor and industry, or what agency Texas has to look after employees. So it in writing and keep all letters. Any phone calls keep a log, Date, time, who and subject dicussed.
Good luck.

 

Thanks y'all

After looking up some law websites, she may be entitled to unemployment. However, the best place for the right answer is the Texas Workforce Commission office. She is headed there first thing Monday morning to inquire about it.

Thanks again,
~Rob

 

Don't sign. I don't know about Texas specifically, but if she doesn't sign, you already know she'll get unemployment. This already sounds pre-planned with the letter, the way it is written here. SHe may get some benefits in your area for resigning, but I doubt she would get a full duration if any. Her bank was probably bought out or something. Hope she finds something better with their comptetion, good luck.

 

Wife went to the Texas Workforce Commission office (TWC) yesterday, also called the Employment office. She was given an 800 number to the Un-employment office (which they said you will never "see" in Texas", just contact on the phone). The state employee asked her "You didn't quit and you weren't fired for cause?" to which she said "No". The employee then said "Sign the paper, employers don't pay severance to people who quit voluntarily or get fired for cause, you can still apply for and be able to receive benefits"



~Rob

 

I would call a second time & talk to a different person to make sure that is the case. Some will tell you one thing, but when it comes down to the actual payment, it may be a little more difficult.

 

Yes, but the letter that they want her to sign says that she resigns her postition. legally that will say that she volunteered to resign. Which will givew them a leg to stand on if you tried to take them to court. Like mentioned before, call again and talk to someone else. SOunds to good to be true, but if it is not, then congrats.

 

I know it sounds stupid, but when I went to retire, I called 5 or 6 times & got 2 or 3 different answers!!
If I were her I'd call the un-employement office a couple of more times & be sure to write down who you talk to, their position date & time.