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is it legal in montana to date termination notices the last

Resolved Question:

is it legal in montana to date termination notices the last day worked and not on the day the job was ended.
Submitted: 1 year ago.
Category: Business Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

Before we begin can you provide some information?

Do you have a written employment agreement?

Have you been paid for all work that was done and you time on the job?

How does the termination date affect you?

Thank you.
Customer: replied 1 year ago.

I was hired at Pizza Hut on 1/19/2011 as a server. On 2/11/2011 I was held over on my job,not as a waitress but a dishwasher for 2 xtra hrs. The following day 2/12/2011 I called in sick. Found another job. On 2/13/2011 I called to give my two weeks notice and they said don't bother. Upon further proceedings I recieved a notice of termination dated 2/11/2011. They want a pay back of 2683.00 saying I quit. My question is this legal to do. How can I quit a job I don't have,according to their paperwork

Expert:  Loren replied 1 year ago.
Why do they say you owe them money? Did you have a written employment agreement?

Thanks.
Customer: replied 1 year ago.

I,m fighting an unemployment appeal. They said since I quit I shouldn't have recieved the money between 2/11 -7/11.

Expert:  Loren replied 1 year ago.
Ok, I understand that this is regarding the unemployment claim.

The written termination notice should be presented for your appeal. Since it predated any action you had taken then there is a good chance that you would prevail in the appeal and not owe for any overpayment of benefits.

I realize this is scary for you. Be aware, however, that even if it is determined that you were overpaid, they will usually settle with you for a lesser amount and payments over time since there was no fraud involved.

I hope this is helpful to yo. If you need further assistance please let me know. I am here for you.

JudgeLaw
Customer: replied 1 year ago.

I still need to know if this practice of filling out the date on the termination page on the last day worked instead of the actual date is legal

Expert:  Loren replied 1 year ago.
Yes. That is not, per se illegal, so long as their is no intent to defraud another anyone.

JudgeLaw
Loren, Attorney
Category: Business Law
Satisfied Customers: 21477
Experience: 30 years experience representing clients .
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