Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 28.09.2020, 15:21
Newbie
 
Join Date: Sep 2020
Location: Zürich
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
eyettea has no particular reputation at present
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?
Reply With Quote
  #2  
Old 28.09.2020, 16:18
Ace1's Avatar
A modal singularity
 
Join Date: Sep 2011
Location: Morgins, VS (and Alsace)
Posts: 8,395
Groaned at 328 Times in 215 Posts
Thanked 13,975 Times in 6,138 Posts
Ace1 has a reputation beyond reputeAce1 has a reputation beyond reputeAce1 has a reputation beyond reputeAce1 has a reputation beyond reputeAce1 has a reputation beyond reputeAce1 has a reputation beyond repute
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?
Reply With Quote
The following 2 users would like to thank Ace1 for this useful post:
  #3  
Old 28.09.2020, 16:45
Newbie
 
Join Date: Sep 2020
Location: Zürich
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
eyettea has no particular reputation at present
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.
Reply With Quote
  #4  
Old 28.09.2020, 18:43
Samaire13's Avatar
Forum Legend
 
Join Date: Apr 2014
Location: CH
Posts: 4,336
Groaned at 123 Times in 99 Posts
Thanked 7,186 Times in 2,737 Posts
Samaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond repute
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.
Reply With Quote
The following 7 users would like to thank Samaire13 for this useful post:
  #5  
Old 28.09.2020, 23:16
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 6,971
Groaned at 65 Times in 52 Posts
Thanked 10,107 Times in 4,143 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Swiss employer faked resignation letter

Quote:
View Post
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.
Reply With Quote
The following 5 users would like to thank doropfiz for this useful post:
  #6  
Old 29.09.2020, 00:00
Forum Veteran
 
Join Date: Aug 2015
Location: Basel
Posts: 1,696
Groaned at 34 Times in 28 Posts
Thanked 986 Times in 591 Posts
Landers has an excellent reputationLanders has an excellent reputationLanders has an excellent reputationLanders has an excellent reputation
Re: Swiss employer faked resignation letter

Quote:
View Post
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.
Reply With Quote
The following 4 users would like to thank Landers for this useful post:
  #7  
Old 29.09.2020, 07:48
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 12,460
Groaned at 952 Times in 672 Posts
Thanked 17,316 Times in 6,798 Posts
Chuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond repute
Re: Swiss employer faked resignation letter

Quote:
View Post
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.
Reply With Quote
The following 2 users would like to thank Chuff for this useful post:
  #8  
Old 29.09.2020, 07:57
NotAllThere's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Baselland
Posts: 12,388
Groaned at 191 Times in 168 Posts
Thanked 17,899 Times in 7,283 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
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.
Reply With Quote
The following 3 users would like to thank NotAllThere for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Resignation Letter - Status BenVevey Employment 6 29.10.2019 09:19
Resignation letter rejected - what now? Guest Employment 16 04.05.2019 11:43
Can you get kicked out on the moment you hand on your resignation letter? zuruck Employment 56 18.06.2016 16:23
[Seek] Sample resignation letter Lob Employment 13 30.05.2007 16:35


All times are GMT +2. The time now is 06:34.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0