Employer withholding service separation papers

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Employer withholding service separation papers

I’m needing a paper from my old employer
saying I no longer work there so I can
apply for food stamps, the owner of the
business has refused to give me the
paper work and banned me from the
property,what do I do?

Asked on July 21, 2017 under Employment Labor Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, there is nothing that you can do. An employer is not legally required to provide such documentation. That is unless doing so violates the terms of a union agreement or employment contract. Also, if your company had provided this paperwork prevoiusly for other employees but will not for you due to your race, religion, age, disabiltiy, etc. that would be illegal. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't do anything, unfortunately: there is no  law requiring an employer to provide documentation that you no longer work there; rather it is purely voluntary for the employer to do this. You will have to ask the agency what else you can do when your former employer will not cooperate with you: since some employers will not cooperate, others retire or go out of business, still others die, this happens sometimes: there must be some other way to proceed when you cannot get this documentation from the employer.


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