My employer retroactive changed my "resign" status from Feb to May...is this legal (I was on vacation, from a per-Diem job during this period but still officially on the "Active employee " list. Can she do that?? It's causing a problem...
Country relating to Question: United States
I mean from May to Feb...
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So the issue is the actual date of a resignation. That would be evidenced by the date you indicated in writing or verbally that you would no longer work for the employer.
You indicate a change in status. What type of document or record are you referring to in this question? Are these the employer's internal records?
If so, there is nothing one can do about an inaccuracy in an employer's records. If the employer reports inaccurate information to an agency or other employer, the employee would need to present evidence of when they actually resigned.
That would typically be in the form of a letter of resignation.
I made an error in my question.. A new Director started recently. She went back to Feb and changed the date to Feb....I was still on the active list until May something..
What is this "list?"
Are you still with me?
I was never called or asked if I was resigning. Meanwhile I had applied to get a mortgage loan to lower interest from 4.7 to 3.7. We signed paper work legally saying I was still had a job but that I was on vacation...Well, I know we won't get the loan now. But what about the legal papers we signed....It looks like I was committing fraud...
I appreciate the follow-up.
Fraud requires intent.
Did you submit a notice that you would resign and the date?
I will await your response. I will be checking one issue. One second and I'll be back
The List just meaqns that I had called the secretary every few weeks to check my employee records to make sure I was still a legal employee on their "Active" per-diem status in the computer...
i am back
I never verbally or in writing gave any notification that I was resigning. I received 74,000 life insurance from my dad in Nov, 1911..I let them know I would be taking some time off., implying also that I would be back after some time off. I did some traveling with my daughter. this was an RN position for a home health nurse position. After 3 months I decided I wanted to look for another part time job, but would not officially quit until I found one.
So it would appear that the list is only an internal document belonging to the employer.
Were you terminated?
I was working until mid Dec before I took some time off
In such a situation, fraud would not be an issue. Any prosecution for criminal fraud requires the prosector to prove fraudulent intent beyond a reseasonable doubt.
A review of work records, such as you calling in, would support your position that you beleived you were employed.
Does that make sense?
No, I was not terminated. No one contacted me. This done after a new director was hired (My old one retired) I had worked there about 20 hrs a week for past 7 1/2 years in good standing.
As to "can she do that" an employer can amend their own records.
This is not unusual where an employee is out on leave. Here, even more so due to the informal leave arrangement.
Normally, for proof of employment pay stubs are required as well in the loan application process.
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My current concern is that now that I am looking for a job I have to put on application that I have been unemployed since Feb 2012 (Instead of May 1012) which would be the actual time she took me off the active employee list. And as far as her changing "her own records" they were not hers...she did not hire me or even call to ask or notify of changing my status. As far as the loan.....we were "per-qualified" They called in April to my work...he was told I was still an employee at that time. He understood I was on vacation so the fact that I did not have recent pay stubs was not an issue.
As to whether such records can be changed, I think you are asking what the law says about such issues.
Where there is such a lose employment status, nothing prohibits a change to an employment end date. In reality, it may not have any impact if the employee has evidence of employment past that date.
Are you asking if you can force the employer to change the employment end date?
Yes, I plan to call and speak with the director...I have not contacted her yet (I found out when calling the secretary (old friend) to check again for me so I could write it on my resume as recently quitting.
There is no means under the law to force an employer to alter their own records. An employee is free to tell potential employers the real end of employment date and would probably need to show some proof should the discrepancy become an issue. Normally an explanation of the situation would occur. This happens sometimes when employees are terminated while on leave and the issue is address with an explanation, where needed, on an employment application.
I just wanted to know what my legal rights are before I contact her....It may not be a problem at all...but I would like to push it if I had too. New job prospective s can call and ask for starting and stopping employment status as to working there. It's not good for them to see big breaks between employment....I already have one from before I worked for them (7 1/2 years ago, medical reasons)
It's not something that would be challenged on a interview, but looks bad on paper,,,,may prevent someone from getting a chance for the interview
An employee typically has a right to see their employment file. As to differences in opinion over the last date of employment, an employee has no say. An employee can do nothing if an employer amends their employment record. As to supplying information to potential employers, employer's are typically immune from civil liabilty in supplying such information so long as it was not provided in bad faith.
So if it can't be legally challenged, I just wanted to know so I wouldn't "go there". There is proof of the record being changed on there records...that's how the secretary knew..
I see. The secretary may or may not restate her allegation that the records were altered.
If the issue becomes important as to benefits, it may be able to be challenged in that context.
For example, the date of loss of benefits may be important as to eligibility for continued coverage under COBRA.
An employer can have a difference of opinion as to the end of employment but cannot intentionally alter records in a fraudulent manner. Altering records to deny an employee some benefit may be considered fraud or may violate a federal law regarding benefits, but that would depend on the benefits involved.
OK, I was not receiving any benefits so that's not an issue. I'll just be pleasant and let her know why it's important for me. And hope she will understand and change it back to May.
I hope the information provided gave you some clarity in regards XX XXXXX situations.
You have bee VERY helpful...thank you so much.
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Thank you as well
I surely did'nt want to get confromtive, that would not have helped at all......I know now that she can do what ever she wants.
Government and private sector employment law experience
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