Posted on 10/19/2012 2:14:49 PM PDT by Volunteer
I was fired from my job today after 5 years. They have offered me a 5 month severance package, the catch is I have to sign some agreement that I can't understand.
They explained they would not pay me my monthly salary this month or my 207 hours of vacation unless I sign the agreement.
Can any one out there give me some advice as to what I should do? I am in Wisconsin and I know nothing about Employment Law here.
Any suggestions would be very helpful and very appreciated.
The employee could always dispute the notice but the fact is that most employees never realize that the process to get rid of them has been started and never bother to respond.
I understand thanks; My niece was in a situation where the HR rep had just such a conversation but her record was totally mis-characterized by her creepy boss with out any citations. She felt pressured to sign the review because she did not want to make waves. The HR rep also told her she did “not have to agree to findings in the letter she just had to sign it” to prove HR met with her. Of course you know what happened. She was fired. She really regrets signing the review but I told her at that point there is not much you can do. Why work at a company that is so dishonest? But to this day I feel like I gave her bad advice. (She did eventually get a better job.)
Always do the right thing and follow your conscience, no matter the consequences.
Every employee who cooperated with the board in getting first me, then my boss, terminated were gone within the year.
The assistant manager who I had trained and whose betrayal was particularly hurtful was gone in less than two months.
Power mad people do not place any value on Quislings in the organization unless they are their Quislings. And, even then, it doesn't extend much farther.
If they listed performance as the issue and hadn't put you on a performance plan or written you up previously, they are not too bright.
In most States if you quit, you will be ineligible for UI but MAY get it on an appeal.
I don't believe they can withhold wages earned in any state and depending on the firms vacation policy, they may owe you that as well.
In many States and cases they may owe you wages up until the end of the current pay period.
I would never let any employer be able to tell a prospective future employer that you were fired or that you quit.
These laws vary quite a bit from State to State, please get legal advice before you do anything.
1. You will get mostly good advice here on FR.
2. You will still need professional legal advice. If you do not have a lawyer (and most of us don’t), I would suggest calling your insurance agent for a referral. Most insurance agents know a lot about lawyers in a broad range of fields, and will help you to find the right person for professional and local advice.
3. Good luck.
Im self employed im in big trouble
No doubt! I got laid off this week, too, after 5 years (today would have been my 5 year anniversary), and got NOTHING but an "I'm sorry, I really did try to save your job." I will be getting my vacation pay (about 90 hours), and nothing else.
I have, however, applied for about 10 jobs in the past two days, all of which I am very qualified for and pay a LOT more than what I was making. Hopefully, I will be moving up in the world (eventually).
With public schools, they do EVERYTHING they can to avoid actually firing someone. It costs the company thousands of dollars to defend a termination. Literally. If someone fights a public school termination, it can cost the school system AT LEAST $100,000 to get the termination done unless they have overwhelming policy violations on which to base the case.
Don't worry about references either. If ANYTHING negative is said in the future, this can also lead to a lawsuit and everyone knows it. Almost no one will give a reference either positive or negative anymore for fear of litigation. So, don't worry about what kind of reference they're going to give you.
Get a good attorney if you know the evaluation of your performance is unjustified. Witnesses can be found to document your side if you were trying to do your job. If you are really sure the termination is unjustified, fight it. Then, move to another state if you win. Once you have sued a firm and won, no other firm in the area will hire you.
I only wish someone had given me the above advice YEARS ago. If you're in the right, best wishes. If you're not doing your job properly, then straighten up in the next one.
You are correct. As a business owner, I have had countless written on my behalf - each one reflected a different scenario and corresponding severance (if any, usually not).
What I find to be most unsettling is the tone of a lot of the replies. A lot want to point out how the employer “needs to” or “owes you” - What a pantload! WI is an at will state, but, on top of that, an employer is free to decide who they want to work for them and for how long; making changes at any time with our without reason - the employee is free to do the same. I would think that Conservatives would be the first in line to understand this. Some people talk the talk until they want to screw the ‘evil’ employer, who for reasons unknown decided to make an employment change.
So, I see that A LOT of conservatives are willing to swallow the liberal belief that a job is a right and employers are evil. I’m glad that none of them work within my company. Sorry for the rant, it’s just frustrating to see some of the replies although the majority of the others are prudent and sound advice.
Agreed...the only advice I would give him or anyone is never sign anything you don’t understand without a lawyers opinion. At least understand what you are doing because you are going to lose your job regardless. Good Luck.
” I’m frustrated and angry and embarrassed as hell. “
Dont be. The statistic of 23 million that Romney cites.
It’s real. Millions of Americans are in this situation. Most are not slackers.
Millions of people get fired or laid off for all sorts of reasons. Met a guy today who trying to get work and he’s got a parttime security guard job, not his real career.he tells me if he doesnt get ‘real work’ in next few months he’s out on the street after Christmas.
Many of us have gone through what you are going through. Don’t feel ashamed or alone; you are not.
I’ve been told on payday that the company is gone. Hard to have sympathy for someone who gets 5 months severance.
I think you can find the answers to most of your questions on line. Wisconsin appears to have a fairly robust govt website.
Since I cannot read the document they want you to sign, here a good place to start.
http://dwd.wisconsin.gov/uiben/benfaq2.htm
It clearly states that if you quit they will handle your claim differently than if you were layed off or terminated. Even termination will be investigated.
The information is extensive. If you are having reading problems have a friend or family member read the document to you and the various areas of information provided by Wisonsin on their site.
If you quit, there is a good chance that you will not receive unemployment if the state deems your leaving was your choice and without good cause. I think I would do some serious investigation and possibly call the appropriate agency within the state to inquire.
Good luck to you and I wish you the best.
Here is the Wisconsin addy that addresses your salary and severance pay.
http://dwd.wisconsin.gov/er/labor_standards_bureau/publication_erd_8784_pweb.htm#4
BoL
What is your take on my response? I sincerely want an honest answer.
why did they “have to let you go”
this language sounds like they are trying to give you a change to quit before they had to terminate you
If it is nothing more than a layoff due to lack of work then you are lucky they are offering you five months. (I would LOVE to have a five month vacation)
But consider that if you QUIT you cannot get unemployment
If tere was some reason they are firing you then you should see a lawyer about this agreement that could follow you around for the rest of your life
care to scan it for freepers to look at? there are some lawyers here
see a lawyer- they could be violating ADA (as shitty as that legislation is, it would actually benefit someone like you with an ACTUAL disability)
It could be something as simple as a sleazy business owner wants to give the job to someone else in his family and doesn't have the guts to tell you- but he is SLEAZY for calling it ‘performance’ problems if that is the case (which could haunt you forever)
WE NEED PEOPLE ON THE INSIDE! (I am NOT joking here)
I hear you. It is hard to know when to pull the plug on your own endeavors.
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