'Employer is trying [...] to force me to resign': Boss tries to cheat employee out of unemployment compensation, also denies PTO request

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    2 tab *. ! 1 Q * e 2 A "My employer is demanding I write and sign a resignation letter" W 80, S # 2 3 X E 889 $ ¡ 4 D с R % 5 5 F V T A 6 G B Y & 7 H 1
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    r/careerguidance. Posted by u/JudgeJudyApproved 2 days ago My employer is demanding I write and sign a resignation letter before the end of the year. Do I need a lawyer?
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    My employer surprised me today during our annual review by telling me that the business is purchasing one of our suppliers, and they have a department that will replace my role within the company. He says he expects me to write a letter of resignation, and then work the remainder of the year, ending my employment "voluntarily" on December 29th. I don't know whether this is legal, or not, but it sounds to me like an excuse to deny Unemployment Compensation.
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    He has also asked me to redefine my terms-of-employment to suggest I have been a contract- employee for the last few years, and was supposed to leave when the new team takes over. This is incredibly far from the truth. I can't tell how doing so would or would not benefit me, nor whether such a change is legal. I also can't tell how screwed I am if I don't do it.
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    He has also denied my PTO request for the last week of the year, suggesting that I should neither get the hours off, nor the pay for the PTO I have acquired, as he claims he's doing me some sort of favor keeping me employed for the next three weeks, and that if I'd screw the company out of finishing my projects and training my successor, then he may as well just terminate my employment immediately.
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    I believe that I need legal help here, however because there is neither discrimination nor injury, I have been unable to locate an attorney who will consult or take the case. I am not on reddit looking for legal advice, just a general idea of what I can or can't say or do about this. I'm a bit scared to be unemployed again, especially given no weekdays off between now and then (except Christmas Day) to actually look for another job or interview for one, especially because this employer loves to
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    TL:DR - employer is trying his best to force me to resign with no UI and no payout on my PTO and no time off to look for other work. Edit: It was brought up, so I will share that the state is Nevada
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    Edit 2: It's a small business, defined as having less than 50 employees. There is no HR department. The owner of the business is the person causing me this grief.
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    Edit 3: (day 2), it was stated to me that they thought it would be in my best interest to willingly resign in case I want to use them as a reference so they could claim I was rehireable. Their words. The State Bar Association says they don't offer representation and that it is up to me to sign or not, but PTO is not required to be paid at separation in this state.
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    Je No-Anything-1544. 1 day ago If you're in the US and resign, you don't get unemployment. Don't resign. 611 Reply Share
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    fungibleprofessional. 1 day ago Do not resign. Do not sign anything. 100% your employer is trying to deny you benefits and save the company/employer money. You might be able to get smart on your benefits and entitlements via benefits documents you should have access to and your own research. I would get a lawyer in any event, though, especially since I wouldn't trust HR or anyone else in the company to advise you at this point. If you're able to document your employer's attempt to get you to res
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    CapeMOGuy 1 day ago Also check company policy regarding treatment for unused PTO upon separation. I worked in a state that allowed no payment but company policy was to pay it. So I got 44 days of pay when I resigned.
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    I would not resign. This is a naked attempt to avoid being liable for your unemployment, which could be much more $ than 3 weeks pay. It also may be tied to some condition of the buyout which does not concern you. Plus, who will train the replacement if they do fire you?
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    Obviously, start looking and applying now since you have some notice. the boss and good luck. And I would only train the replacement to do exactly what they ask you to teach them. No more. Nothing outside your job duties. 270 Reply Share
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    . gamesta400 1 day ago Sounds like a clumsy attempt to deny unemployment. You are in the US, correct? Does your state require PTO to be paid out? Some do. Make sure you are keeping a copy of all his communications offsite. Hopefully he is stupid enough to put it in writing and you can present it to the unemployment judge. 128 Reply Share
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    FRELNCER 1 day ago Random Redditor advice: Yeah, he's trying to use a promise of 3 more weeks of pay to get yo to sign off all your rights. It also seems like he's threated to fire you. So if he does, then you can file for UI and have time to look for another job.
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    If you quit, he'll claim you quit and try to get out of UI. But it's your state that decides. So get as much as you can in writing and when he claims you quit, submit all your evidence. In the interim, keep working but make sure you are paid. If he doesn't pay you according to your regularly established schedule, file a wage claim with your state immediately.
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    Also, since you can't get an attorney, consider contacting your state/county employment or labor department to ask if there is anyone who can offer support or advice. (Maybe not, but you lose nothing by asking.) If this person wants to cause financial damage in the short-term, they can and will. All you can do is gather your evidence (take notes and write down dates and times if you don't have emails, etc.) and prepare for the worst.
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    *Get all the stuff he wants you to sign and make copies. Don't sign them.

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