Swing for the fences. I'd (tv) lawyer up and let it ride.

Asshats!

If he doesn't want to pursue any issue and if he just wants to move on, what's the harm in signing a release?

quote:

Originally posted by Angus the Kid:
If he doesn't want to pursue any issue and if he just wants to move on, what's the harm in signing a release?

This is almost a law school-worthy hypothetical, but since you asked...

Suppose the release is an ironclad NDA covering everything including what we’ve learned of here, which is at least suggestive of an actionable hostile work environment either civilly, criminally, or both.

A couple of years from now, a group of different employees decides to sue and he can’t join as a party.

Or better yet - someone sues, finds out about him, and decides to subpoena him as a fact witness.

There are a ton of variables, including the enforceability of the NDA, but the better question is why sign away ANY right for no appreciable benefit regardless of the circumstances?

-Rob

In the end, you should never sign any release(any!) without adequate consideration. In his case wages is not consideration. Now this all supposes what he is being asked to sign is an actual release. Without seeing it, that's just a supposition. And in the consideration section it might not be enforceable, but who cares. never, ever, ever, sign an release that is not predicated on something you need and want to do. FWIW.

quote:

Originally posted by Angus the Kid:
If he doesn't want to pursue any issue and if he just wants to move on, what's the harm in signing a release?

Most release documents have NDA's, some have non compete language, limits on recruiting clients or staff, etc. Why would you sign your name to a document for no reason where all it takes is them saying you violated the agreement to end up in court paying to defend yourself?

Never sign a document like that unless you're getting something that you feel is sufficient for your signing. Your final paycheck for wages already earned would never be reason to sign such a document.

If it were my son, I'd have him collect what was owed him and file a complaint for the other stuff.

quote:

Originally posted by JALLEN:
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.

Were not looking to sue anyone. Don't have the time or the money. In a month he'll be back in Minnesota starting his senior year. Just looking for advice and information. Update. He has asked for the agreement so I can get a look at it. Depending upon what that entails I might consult an attorney just to be on the safe side.

quote:

Originally posted by goose5:

quote:

Originally posted by JALLEN:
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.

Were not looking to sue anyone. Don't have the time or the money. In a month he'll be back in Minnesota starting his senior year. Just looking for advice and information. Update. He has asked for the agreement so I can get a look at it. Depending upon what that entails I might consult an attorney just to be on the safe side.

Of course, and I understand that completely.

It’s the business which has to worry these days, and can’t take anyone’s word for it.

quote:

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

Add me too (albeit retired).

Sorry your son had to endure this.

quote:

Originally posted by JALLEN:

quote:

Originally posted by goose5:

quote:

Originally posted by JALLEN:
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.

Were not looking to sue anyone. Don't have the time or the money. In a month he'll be back in Minnesota starting his senior year. Just looking for advice and information. Update. He has asked for the agreement so I can get a look at it. Depending upon what that entails I might consult an attorney just to be on the safe side.

Of course, and I understand that completely.

It’s the business which has to worry these days, and can’t take anyone’s word for it.

Jallen I don't think this "business" is dealing with my son in good faith. Perhaps businesses of this sort should worry. What they are asking him to sign as a condition of final payment of wages earned and owed is a non disclosure agreement after the fact to cover their ass. Is it out of the realm of possibility that this "business" has been exposed to this liability in the past? I don't know for sure, but they are certainly presenting the appearance of this possibility. I will stipulate that I am not a lawyer, but that's the way I see it through the biased eyes of a father in the interest of full disclosure.

So they want a confidentiality agreement as a condition to paying your son his final check? Again, that's probably illegal. I know that it is in the jurisdictions where I hold law licenses (which, unfortunately, does not include your state). Get local advice to be certain.

dont sign

Termination of Employment by the Employee
When an employee voluntarily quits or resigns, they are to receive their wages and compensation, due and payable, upon the next regular payday. They may be paid by check, cash, or by direct deposit as on any other payday.

For the purpose of timely payment of wages, it is the policy of the Division of Labor Standards and Statistics that an employee has quit or resigned in the instance where he or she has not shown up for work as scheduled. Note: this policy solely applies to the Division of Labor Standards and Statistics and this section of the law; other agencies may differ in their assessment of employment separation.
https://www.colorado.gov/pacific/cdle/final-pay

https://www.colorado.gov/pacif...yment-discrimination

Great advice from the SigFourm Members. I suggest your son joins the Navy.

quote:

Originally posted by goose5:

quote:

Originally posted by JALLEN:
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.

Were not looking to sue anyone. Don't have the time or the money. In a month he'll be back in Minnesota starting his senior year. Just looking for advice and information. Update. He has asked for the agreement so I can get a look at it. Depending upon what that entails I might consult an attorney just to be on the safe side.

I would also let the landscaping company know that if they push the issue you might be inclined to involve the media and, as past events have shown, that would be a possible death sentence for the ignorant landscape company.

FWIW - I separated from a company on less than good terms and they wanted me to sign a non compete after the fact going so fare as to threaten to not pay me money owed. They were arrogant enough to send me the forms via Fed Ex with a return Fed Ex inside...I shredded the docs and used their Fed Ex envelope to return them before taking them intron to the labor board...I won the case in abut :30

Good luck

quote:

Originally posted by goose5:


Jallen I don't think this "business" is dealing with my son in good faith. Perhaps businesses of this sort should worry. What they are asking him to sign as a condition of final payment of wages earned and owed is a non disclosure agreement after the fact to cover their ass. Is it out of the realm of possibility that this "business" has been exposed to this liability in the past? I don't know for sure, but they are certainly presenting the appearance of this possibility. I will stipulate that I am not a lawyer, but that's the way I see it through the biased eyes of a father in the interest of full disclosure.

That certainly may be true. My observation was more directed to the general case than your specific circumstances.

If both parties deal in good faith, there are few problems. If one or the other is not, lots of potential problems. Caution is required. Worries, too.

I did have one employee, a temp actually, try to set us up for EEOC claims. She wanted to be hired to fill the job she had been sent to fill temporarily. That would have obligated me to pay a significant fee to the agency which sent her. She had proven to be inordinately incompetent at even the simplest clerical tasks. I would not have her working for me even for free. There were a few other unique circumstances. She claimed age and gender discrimination. I completed a form for EEOC showing about the widest range of age, gender, race and religions possible in a workforce of less than two dozen, senior to teen, men, women, undecided, all three major religions, every race but Eskimo and Pacific Islander. It turned out she had played the game, and won, at several other employers, made good money at it. She lost that one, though.

You are getting experienced advice here, so you are in good shape to do what is right.

Thanks Jallen. My son is not interested in pursuing any legal angle. He just wants to get paid what's owed. According to the links provided by Side_Shot he should have been paid July 17th. He has called this business three times and left a voice message twice, and talked to a friend who works in the office. No one has returned any of his calls. He's going to call one more time, and if that doesn't work according to CRS we will make a written demand for wages owed via certified mail.

I know you don't want to go further than getting earned wages owed.

What happens to the next victim? It is quite possible your son doesn't feel like a victim, but he did feel strongly enough to quit.

How did he respond each time he was called a name? Did he laugh and brush it off as a joke? Did he stand his ground and say he didn't appreciate being called the name? We're there others that were present?

Does anyone believe this company owner will suddenly change ways simply because someone quit and didn't sign a release?

It could be that having not been present both sides are not being represented equally. Based on the events described in the first post, something needs done to put the employer on notice that they broke law. It will likely only get worse with silence.

Another in the don't sign squat camp. FAct is that "release" will specifically have legalese that insures that he won't every be able to sue the company for harassment.

If they keep pushing for this then you son should counter with a demand that they pay him 6 months Severance Pay in order for him to sign that release.

quote:

Originally posted by Ishootsometimes:
Great advice from the SigFourm Members. I suggest your son joins the Navy.

What the fuck?

quote:

Originally posted by PHPaul:

quote:

Originally posted by Ishootsometimes:
Great advice from the SigFourm Members. I suggest your son joins the Navy.

What the fuck?

Yeah, no kidding. I'm sure he won't be back to explain this nonsense.

Jim