My son worked for a land scaping company for about a month. Things with one of the owners didn't work out. He was called "fag" twice during his time there. He took it in stride. Here's the thing. My son is gay. When things came to a head when it happened the third time and he stood up for himself and informed the owner the he was gay. He response was, "What do you want me to lighten your load." He quit the next day with my full blessing. Now this company is asking him to sign a "release agreement" to collect his last check. What is a release agreement? If my son lived in this state he would have a decent case with the EEOC in my opinion. But, he goes to school in Minnesota and just doesn't of the time to pursue this issue. I just want to see this kid get his last check and move on. Any advice for a dad trying to council his son through a difficult situation?

State labor board?

quote:

Originally posted by goose5:
My son worked for a land scaping company for about a month. Things with one of the owners didn't work out. He was called "fag" twice during his time there. He took it in stride. Here's the thing. My son is gay. When things came to a head when it happened the third time and he stood up for himself and informed the owner the he was gay. He response was, "What do you want me to lighten your load." He quit the next day. Now this company is asking him to sign a "release agreement" to collect his last check. What is a release agreement? If my son lived in this state he would have a decent case with the EEOC in my opinion. But, he goes to school in Minnesota and just doesn't of the time to pursue this issue. I just want to see this kid get his last check and move on. Any advice for a dad trying to council his son through a difficult situation?

Earned wages are owed to the employee, period. They cannot legally condition you son's receipt of his final check on signing a release. I'm not an employment law attorney, but I know a bit about the field - enough to know they can't withhold earned wages. You may be able to make a complaint to the Department of Labor if they persist. Talk to a local employment law attorney to get more specific advice.

Sorry your son had to deal with this. Moving on is his best approach. If he did not sign anything when he went to work tell them to provide his last check. Or he will file a complaint with the labor board and include a sexual harrasment. complaint.

No excuse for that. Any of it.

I'm an HR guy and with the limited information you provided he doesn't have to sign anything. I'm not familiar with your state laws but it appears that since he quit they have until the next regular payday to provide the check as long as it is not longer than 20 days.

Tell him to NOT sign a release agreement unless they are giving him something for signing that he isn't already entitled to. Many employers will offer severance pay in return for signing a release agreement.

DO NOT sign a release agreement for free.

Tell the employer that he's filing a complaint with the state labor board and they will provide the check quickly.

My Credentials: MHRM, SPHR, SHRM-SCP
Director of Human Resources

If all he needs do is "sign their paper", to get paid. Tell him to do it. If the the laws where he is employed preclude an employer from withholding and demanding a "signing", have him tell them to pound sand and demand his pay.

It does not "define" him. It defines them, as assholes.

In the world of today, such a "leaving" of a job is an insignificant bump in the road of life traveled.

Tell him to let it be a life lesson that some people are simply assholes, and that the world has an endless supply of them.

His goal is to understand this and adjust to deal with it, be "forward looking" and anticipating, without becoming target fixated.


I cannot begin to express the scorched earth anger of people who think it OK to fuck with a person for no just cause.

"Infuriating" is such a weak word for the thing.

A man who has earned a thing, is entitiled to it, with no interferance at all.

quote:

Originally posted by LBTRS:
I'm an HR guy and with the limited information you provided he doesn't have to sign anything. I'm not familiar with your state laws but it appears that since he quit they have until the next regular payday to provide the check as long as it is not longer than 20 days.



Tell him to NOT sign a release agreement unless they are giving him something for signing that he isn't already entitled to. Many employers will offer severance pay in return for signing a release agreement.

DO NOT sign a release agreement for free.

Tell the employer that he's filing a complaint with the state labor board and they will provide the check quickly.

My Credentials: MHRM, SPHR, SHRM-SCP
Director of Human Resources

Wise council indeed. Don't sign it.

I'm also in the "don't sign shit" camp. It's money he earned and is owed. There is likely a labor oversight agency (labor board, workforce development, something) that can provide limited assistance.

As one who does specialize in various areas of employment law (among other things), I agree 100% with the advice to sign nothing and demand the check.

If they’re concerned he’s going to sue, offer to sign a waiver and release for $X - whatever he thinks is reasonable. Nothing wrong with or illegal about that. But the wages are not optional nor can payment be conditioned upon a damned thing.

I don’t know the laws of your state, but usually there are relatively short time periods before failure to pay earned wages becomes actionable (like 30 or even 15 days). There are also usually multiple ways to go about collecting (along with various forms of damages), so you’d want to talk to a knowledgeable attorney in your state before deciding whether to file suit or a complaint with the appropriate administrative agency.

Good luck.

-Rob

Here in GA, there is a DOL-800 form that employers fill out at time of separation. It states the reason and gives some information about earnings. It is used when filing for unemployment. No signature required except by employer.

My company also has an internal form that is filled out at separation to assist with final payment as well as to reconfirm where W-2 should be sent. Signatures for employer and employee. Employee doesn't have to sign.

Not being abe to read this "release" form causes anyone answering to guess contents. As others have stated. If work was performed, pay must occur.

Have him read through it and then determine best course of action. Don't sign anything releasing employer from liabilities or holding them unaccountable.

Also, was he a 1099 or W-2. A lot of small businesses used 1099s incorrectly.

It is unfortunate that he has to go through this. He should file a suit against the employee for all the reasons stated. Seems easy to make hostile environment and/or discrimination.

quote:

Originally posted by BurtonRW:
As one who does specialize in various areas of employment law (among other things), I agree 100% with the advice to sign nothing and demand the check.

If they’re concerned he’s going to sue, offer to sign a waiver and release for $X - whatever he thinks is reasonable. Nothing wrong with or illegal about that. But the wages are not optional nor can payment be conditioned upon a damned thing.

I don’t know the laws of your state, but usually there are relatively short time periods before failure to pay earned wages becomes actionable (like 30 or even 15 days). There are also usually multiple ways to go about collecting (along with various forms of damages), so you’d want to talk to a knowledgeable attorney in your state before deciding whether to file suit or a complaint with the appropriate administrative agency.

Good luck.

-Rob

As usual, BurtonRW is right on the money. Wages are earned, not consideration for a release. I too am unfamiliar with the state laws where he is, but in the 11th Circuit, the abuse he suffered would not be enough to support a claim. Although clearly discriminatory and hostile, it is likely not severe or pervasive enough to violate Title VII. It does seem like a no-brainer though for an action for unpaid wages. At least in Florida, there is an attorney fee provision which makes it easy to find an attorney to take the case.

I suspect the wording in the release agreement will read to the effect your son will not hold the company accountable for anything which occurred at the work place (ie, he won't sue them for sexual harassment).

Shnea, Burton, JDSigManiac, and LBTRS have said what I would have said. They cannot condition release of pay already earned on signing a release. You are hearing universal agreement from people who know what they are talking about. Pay attention.

Be careful of any release. Even if they do offer something beyond pay already earned, consult with an employment lawyer to understand whether their offer is a fair exchange for the release.

Wages are owed. If they want a release, they can pay for it.

Running tally: 6 members of the SigForum Bar Association say the former employer can stuff their release.

If my memory serves, Rob has done some significant practice in the employment law field, and his advice is sound.

I'll second what Artie says, too. If they are so nervous now as to want this release, they had better pay for it above and beyond the wages owed.

7 votes. I'll throw mine in.

All this unanimity and nobody to bill it to! Aaarrrrgh!

I won’t chime in as a lawyer but merely with the cultural observstion that in the good old days an employer could hand you the cash without worry of being hauled into court or agency with 2 or 3 versions of what happened and exposure to untold liability.

As a member of the Bar in WA I'd say this: in WA this would be totally illegal. And while I could assume your son lives in CO, I don't know that. But I really doubt that his state of residence will allow any employer to withhold earned wages predicated on signing any release. As to just signing the release to get the money and move on I'll say this: now is not the time to be making decisions that could have a significant impact later on in life. Maybe signing it and moving on will be the best thing for him, but there is no way of knowing that now. Also I'd be willing to bet tons of my hard earned money that there is no way the employer can make him sign to get paid what he's owed (notwithstanding the fact that most states allow a separate cause of action for such income withholding shenanigans) therefore why should he possibly forfeit his rights to get something he's entitled to?

quote:

Originally posted by Aeteocles:
7 votes. I'll throw mine in.

...and this vote is from an attorney who also definitely knows a thing or two about employment law!

I’ll offer a concurring opinion on the matter. Don’t sign squat.