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Old 28.09.2020, 15:21
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Swiss employer faked resignation letter

A friend of mine in Switzerland got fired but without receiving a termination notice. Instead, they faked my friend's signature into a resignation letter and sent it through his (blocked) email address to the HR.

This is not cool. He went to the RAV office and they redirected him somewhere else where he received the Arbeitgeberbescheinigung form, but obviously, the employer is not gonna fill that in.

If this gets through then he will not be eligible for applying to RAV, nor will he get the 2 months notice period salary he deserves. On top of that, they have not paid him his September salary, even though he worked almost the whole month.

I suppose the next step he should take is to book an appointment with the local Swiss Bar association for a legal consultation (unfortunately they are on holidays atm). But I guess going the legal path will cost a lot of money and time...

Is there anything you would suggest?
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Old 28.09.2020, 16:18
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Re: Swiss employer faked resignation letter

If they really faked a signature as you say then it would surely be a criminal matter, so maybe take it to the police in the first instance?
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Old 28.09.2020, 16:45
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Re: Swiss employer faked resignation letter

The problem is that the employer is family and he doesn't want to go down the legal path... But I don't see another option. They are obviously mistreating him and accounting on the fact that he won't report the incident.
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Old 28.09.2020, 18:43
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Re: Swiss employer faked resignation letter

Assuming this is the whole story:

Obviously forgery is a crime.

RAV couldn't care less about that though.

Get him a lawyer.
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Old 28.09.2020, 23:16
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Re: Swiss employer faked resignation letter

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The problem is that the employer is family and he doesn't want to go down the legal path... But I don't see another option. They are obviously mistreating him and accounting on the fact that he won't report the incident.
If the employer is family, and a family member faked his signature, does the rest of the family know about that? Is it possible that there is one bad apple who faked the signature, and the rest of the family would be appalled if only they knew? I do wonder how he even found out that someone faked his signature.

If, however, the family has united to get him out, and to use such a devious and illegal practice, then the man might need a new family as well as a new employer.

However, if he has decided that he doesn't want to go down the legal path, well, then, that's his choice. Having said that, he might like to gather all the evidence, write down the sequence of events, and go to a free legal advice centre. Then, perhaps, being more informed, he'd be better able to understand the consequences he will face, if he stays with his decision not to take legal action.

EDIT: In any case, he should be diligent about applying for many new jobs, and keep all that documentation, to show to the RAV when the time comes.
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Old 29.09.2020, 00:00
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Re: Swiss employer faked resignation letter

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A friend of mine in Switzerland got fired but without receiving a termination notice. Instead, they faked my friend's signature into a resignation letter and sent it through his (blocked) email address to the HR.

This is not cool. He went to the RAV office and they redirected him somewhere else where he received the Arbeitgeberbescheinigung form, but obviously, the employer is not gonna fill that in.

If this gets through then he will not be eligible for applying to RAV, nor will he get the 2 months notice period salary he deserves. On top of that, they have not paid him his September salary, even though he worked almost the whole month.

I suppose the next step he should take is to book an appointment with the local Swiss Bar association for a legal consultation (unfortunately they are on holidays atm). But I guess going the legal path will cost a lot of money and time...

Is there anything you would suggest?

In my experience the RAV have been quite good with stuff like this.
So he's gone to RAV to say he's been terminated but has no termination letter and no pay. If the RAV write to the employer but the employer refuses to respond as you state will happen, what happens next? Usually RAV would say hey, you have to pay this guy. But surely they *would* respond with the faked resignation letter then he'd then at least have some kind of opportunity to bring that up.
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Old 29.09.2020, 07:48
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Re: Swiss employer faked resignation letter

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The problem is that the employer is family.
Ahh, no-one bullies and abuses with quite the same impunity that family does.

He needs to tell the rest of the family first to see if he has any allies. After that, he needs to fight it. If you take thing kind of thing lying down and let someone get away with doing that then it opens the door to a whole world of future antics. He should at least immediately go and get confidential legal advice.
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Old 29.09.2020, 07:57
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Re: Swiss employer faked resignation letter

If family screw you over you either forget about family loyalties (I mean, they've not shown you much!) and go legal, or you suck it up.

Or take it to the Capomandamento.
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