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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13283
Experience:  19+ Years of Legal Practice in Criminal Law.
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After 10yrs of service, I was terminated for failure to meet

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After 10yrs of service, I was terminated for failure to meet performance standards. My Union was actively involved prior to the termination, because of a 12mos Performance Improvement Plan (PIP) I had been placed on without just cause. I was 3mos into the 12mos PIP when I was fired and for 7mos now, we've been working to overturn this action & get my job back. I'm exhausted from trying to make sense of why this happened, humiliated by what I was put through & shocked by the lies, actions & overall lack of integrity shown by the supervisor & agency! I was never negligent or insubordinate, and had not even received a performance review for 5yrs! I loved my job & made a conscious effort to represent the agency the best I could. I would drop the grievance action if they remove the termin from my record & meet the obligation of the PIP they placed me on, then failed to let me complete, and now pay me the 6mos that remained on the contract. Last week, the agency offered to remove the termination from my record & pay me 3mos salary, tax free & provide a 1099 for 2012 - IF - I provide a letter of "Voluntary Resignation" stating my resignation date to be 3mos later than the date I was actually fired. MY QUESTIONS: Isn't making a written statement, knowing that the information is NOT correct, somehow falsifying a legal document? What is the benefit of providing such a statement? Im guessing it allows them to say the payout was back wages owed me, rather than "damages"? Im currently collecting Unemployment. Could providing such a statement allow the Agency to notify Unemployment & refuse to continue paying? As much as I want & need this ugly mess to be over so that I can move forward in life -well, Im not feeling "warm & fuzzy" about their offer! Any input, guidance or direction you can offer will be very much appreciated! Thank you.

AlexiaEsq. :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

AlexiaEsq. :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Hi, with regard to your question about whether the action they are asking of you would constititue the crime of falsifying a legal document:

IF - I provide a letter of "Voluntary Resignation" stating my resignation date to be 3mos later than the date I was actually fired. MY QUESTIONS: Isn't making a written statement, knowing that the information is NOT correct, somehow falsifying a legal document? It can be, yes, if that document is under oath, certified under penalty of law. Otherwise, it could just be untrue, which is not a crime. However, if you are not sure (and I wouldn't be without seeing, particularly if you work for a government agency) - you can resign without lying. If you say, "I hereby resign with a retroactive date effective as of [XX date - even if earlier than today)." That way you are forthrightly indicating that you are making a retro date and NOT pretending to have signed it earlier. You used the earlier date in the statement, but you date you signed is the real date. Then there is no falsification of the record, just in case it IS a legal under oath becayse you are not lying.

What is the benefit of providing such a statement? It will constitute an admission by you that you are resigning and not being fired - it is a settlment. You can't often claim wrongfuly firing if you admit you are deciding to resign retroactively. And you may be estopped from Unemployment benefits if you resign.

Im guessing it allows them to say the payout was back wages owed me, rather than "damages"? Of course. You resigned. They did not admit a legal wrong, and you accept the settlement.

With regard to your additional questions, that vear away from your crimnal law question but I wil touch on it for you:
Im currently collecting Unemployment. Could providing such a statement allow the Agency to notify Unemployment & refuse to continue paying? Yes, possibly. I'd speak to your lawyer about ensuring that the language perhaps includes a phase like, "resign in lieu of lay off" to make clear that they were to lay you off if you didn't resign.

As much as I want & need this ugly mess to be over so that I can move forward in life -well, Im not feeling "warm & fuzzy" about their offer! That would be rare if you did. It is a compromise, never all that we want.

Any input, guidance or direction you can offer will be very much appreciated! Thank you. Welcome!

AlexiaEsq. :

I hope this helps clarify for you.

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