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.
Sounds wrong.
Usually the piece of paper says you will get severance if you agree to hold them harmless and not sue them over anything whatsoever. Otherwise you get JUST your accumulated vacation and no package.One that I signed also said I would never be re-hired in exchange for the package.
Review the agreement - surely you can determine, to some extent, if it is the standard outline of company benefits that you are being afforded (severance, vaction time, etc), an agreement that you were not terminated - quit in lieu of being termed (this will make you ineligible for UE benefits, but the severance they are offering is of longer duration that UE benefits anyway), and an agreement to hold them harmless to you, your heirs, etc from any and all actions arising from your employment and subsequent departure. It is standard. Typically, you are better off accepting their offered package than rolling the dice with UE and losing all of your accrued benefits.
If this, in fact, is the synopsis of what is covered by the agreement, I would sign it and get to work seeking new employment. If you are truly uncertain, seek an attorney to explain it to you - it will likely cost you money to have them do so. You are an at will employee in an at will state, so you have no grounds for action unless you were under contract.
If you have a disability, that opens another large set of issues.
Hire an attorney. It will save you a lot of grief later on.
Obtain the services of a qualified employment lawyer....
God bless you. Thank you!
I thought you were in a layoff. Being let go is different. The fact that they are saying, it will be seen the same as quiting, doesn’t sound right.
5 months is still a good severance package, but the advice above to check your unemployment benefits is very good advice. Are you giving up your unemployment benefits, if you sign? Check on how long you can collect unemployment. It’s not as long as it was in recent years.
Older workers are covered by different laws too. You might want to check into the law for older workers if you fit in that category. It covers work at will states too.
The advice to contact the labor department of your state is also a good idea. You can do that before you see an attorney.
Also you can file a discrimination complaint yourself or have an attorney do it. Just remember that 5 months is a lot of money to give up unless you can prove discrimination.
Keep replying. Every time you reply, you add a whole new dimension to the problem.
You’re disabled? Whoa Nelly. Each state has hundreds of laws protecting disabled Americans. Look into ‘em.
On a side note, I do wonder what your Employers was paying in health premiums to keep you around. And what with new health insurance renewal contracts on the table for most employers, I bet THAT was a factor in letting you go.
They can’t afford you, man.
(Sorry. I don’t mean to be harsh.)
Been there...it’s not enjoyable! First off if they let you go/fired /whatever remember it is their loss! More than likely it had little to do with you. Performance is a vague excuse but allows both the employer and employee to benefit.
Secondly make sure you can still collect unemployment if you sign the release! It sounds like you can, but make sure!7
If you can, take the package and move on. One door closes, others open.
My oldest son has been through a couple of incidents like yours and has always come out for the better. Recently he voluntarily left a good job at the local international airport to manage a local beer distributor. Not only is he making more money and can now walk to work, he is way happier!
We will keep you in our prayers. Don’t let the stupid wear you down!
Sometimes they make you agree not to work for a competitor for up to 5 years.
If you have prospects for a job with such a company be careful about this.
The more money that’s involved the better the argument for having a lawyer advise you before signing.
I'm frustrated and angry and embarrassed as hell
_______________________________________________
It's probably not you at all. It sounds like politics/obamacare stuff. Companies are getting hit with that come Jan 2013. But they certainly couldn't tell you that.
Best of luck to you.
They want you to quit so they don’t have to pay unemployment. If they have really good cause to fire you, they’d probably do it. Sounds like you’re getting screwed.
They can’t withhold pay that you’ve earned. People that get fired don’t normally get severance.
Sounds like you were laid off and not fired. Been through this one time myself. Sign the paperwork and get your money. This is SOP. Take a few weeks, formulate a plan and then move on.
They need to pay that up front or within the normal pay period, end of the month or whatever. Short of pilferage from the company or other criminal type malfeasance with which they would have to charge you, what you have worked for and earned is yours with or without a signed termination agreement.
If they still insist, get it in writing and take what they have written and the termination agreement to the lawyer. Give them a reasonable time frame on when you will get back to them with an answer. You need not even mention lawyers. Just tell them you need it in writing to discuss with your financial adviser.
Yeah, it is definitely better to have it on your record that you quit rather than that you were terminated. But good employers also understand that there are jag-off employers who terminate for unjustified reasons.
I was the victim of a purely political termination some years ago. After 10 years or so, nobody even asks about it anymore. The first job I got after that one actually told me the straightforward manner in which I handled it was a reason I got hired. I won't go into the details on the reason for the termination, but it was basically because I refused to cooperate with the political lynching of my boss at the time because he was an honorable and decent man.
Good luck in your next position. I know this can be a major blow, particularly in an economy like this. But you can get through it with the help of family, friends and a good network. Let us know how you make out.
I was fired from a job of 10 years back in 1999. After a 9 month interim job, I got a new one that paid way more, and today I'm earning about 4 times what I was earning at the place that fired me. The first days are tough though. For me it started with coincidentally locking my keys in my car on the day I got fired. Standing in the parking lot holding a cardboard box with my stuff in it looking at my keys in the ignition was brutal. Hey former fellow employee, I just got fired and don't work here anymore. Do you have a coat hanger? Ouch
I live in Wisconsin too and I can assure you that vacation time is earned and they owe it to you no matter what the circumstances. Not so with sick time or personal days, that's why i always take my personal days prior to my vacation.
What is your area of expertise and where do you live?
You can draw unemployement even with a severance package. Hard to believe it, but it’s true.
Pray Romney wins.
Read what you sign. Stay friendly, ask for a written recommendation - I'm sure they will be happy to give you one.
I'll keep you in prayers.
Sorry for your job loss. Its ok to temporarily let your bruised emotions hurt for awhile. When that subsides and you replace it with positive reinforcements just remember that God is your supplier so have faith and confidently move with expectation into your future. Who knows, maybe losing this job is a silver lining not yet realized.
Sign it your name followed by: “without prejudice UCC 1-308”
Some people say that would reserve your rights if they try to screw you...
Sorry for your job loss, good luck. I went through it recently and it sucks out there. Hey, at least now you will have more time to Volunteer!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.