Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

I Just Got Fired.... Now What?
Vanity | 10/19/2012 | Vanity

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.


TOPICS: Miscellaneous
KEYWORDS: career; fired; jobs; unemploymentlaw; workplace
Navigation: use the links below to view more comments.
first 1-5051-100101-150151-186 next last
If I posted this in the wrong spot, I am sorry. I am a little rattled right now.
1 posted on 10/19/2012 2:14:54 PM PDT by Volunteer
[ Post Reply | Private Reply | View Replies]

To: Volunteer

Are you a white female call Gloria Allred


2 posted on 10/19/2012 2:16:51 PM PDT by al baby (“If Barack Obama has a Harvard law degree, he didn’t earn that. Somebody else made that happen.”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
When you say "fired" what do you mean? Employers usually do not offer a severance package if they are firing someone for cause. It sounds like a layoff to me.

Don't sign until you have adequate legal advice.

3 posted on 10/19/2012 2:17:42 PM PDT by Sparticus (Tar and feathers for the next dumb@ss Republican that uses the word bipartisanship.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

If you don’t understand it, don’t sign it. Get an attorney to spend an hour reading and explaining it to you.


4 posted on 10/19/2012 2:17:42 PM PDT by Truth29
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

Fired or laid off?

Big difference.


5 posted on 10/19/2012 2:19:11 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
Were you fired or laid off?

The agreement you would sign would necessarily be different for each case.

6 posted on 10/19/2012 2:19:53 PM PDT by KittenClaws (You may have to fight a battle more than once in order to win it." - Margaret Thatcher)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

There are lawyers that specialize in this sort of thing. Call around and see if you can get a free consultation.


7 posted on 10/19/2012 2:20:38 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

I am sorry this happened to you! Hopefully you can find another position soon.

Is the 5 month package better than unemployment or are they asking that you take their package and sign-off on any further compensation? Be careful sounds as if they will do whatever it takes to save a buck. I would check, you may be better filing for unemployment which may last longer than their five month deal after which you may not be able to file for the unemployment.


8 posted on 10/19/2012 2:20:38 PM PDT by madison10
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

Every state had Labor department which resolves such issue, I won’t advise you to sign anything.
When you have worked this month and accumulated vacation, they have to pay.
Check state or talk to your county labor department.


9 posted on 10/19/2012 2:21:00 PM PDT by jennychase
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

I also wanted to add my condolences. Sometimes losing a long term job can be really stressful.


10 posted on 10/19/2012 2:21:00 PM PDT by Sparticus (Tar and feathers for the next dumb@ss Republican that uses the word bipartisanship.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

Don’t sign something that you don’t understand.

Have an attorney look it over if need be.


11 posted on 10/19/2012 2:21:11 PM PDT by Nickname
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

...probably a standard agreement not to jump on social media and dump, belittle, and libel them for 1 year, no contact with remaining personnel (for purposes of the preceeding), etc., etc.

generally, sign, walk away, and never look back...and, if you engage in the future in similar work, obviously no divulging proprietary information of the former employer....

..signing gives them the right to come and royally clean your clock if you are a jerk about it..


12 posted on 10/19/2012 2:21:32 PM PDT by telstar12.5 (...always bring gunships to a gun fight...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sparticus
They said, "we have to let you go."

The HR guy then explained that if I sign this agreement, that it would be seen that I quit in lieu of termination.

When I asked why I was being fired, I was told "performance". I am an at-will employee, so I assume that can mean anything.

13 posted on 10/19/2012 2:22:04 PM PDT by Volunteer (Though I know that the hypnotized never lie, do ya? - The Who)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Volunteer

Sign it and take the money. Most of those agreements are non-compete (saying you won’t take a job with a company that competes directly with them) and they’re all unenforceable.


14 posted on 10/19/2012 2:22:04 PM PDT by discostu (Not a part of anyone's well oiled machine.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

Common request for you to review the package they are going to give you. If you do not believe you are owed any bonus, expenses, etc, then you should sign and move on. Have fun in your next endevour.


15 posted on 10/19/2012 2:22:10 PM PDT by samadams2000
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
DON'T SIGN ANYTHING! Have a lawyer look at it first, no matter how hard they push you.

You might be signing away all kinds of things they should be liable for!

(What are they gonna do if you insist on waiting - fire you?)

16 posted on 10/19/2012 2:22:51 PM PDT by Slump Tester (What if I'm pregnant Teddy? Errr-ahh -Calm down Mary Jo, we'll cross that bridge when we come to it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

Probably best to sign it. If you have any questions see an attorney. Do your homework first so you can ask the right questions.

I’m not sure but I didn’t think they could refuse to pay your vacation if you don’t sign it. Unless there is something really egregious, it’s more than most companies are giving.


17 posted on 10/19/2012 2:23:04 PM PDT by FR_addict
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

I went through the same thing four years ago. I signed the paper work and agreed not to sue. I got three months severance pay and three months vacation pay that I had on the books. I figured that if I sued I would have to pay a lawyer up front and I could wind up with nothing. I also got un-enjoyment benefits. I was back to work three months later. I was lucky. If I had known that I would be back to work in three months I would have enjoyed the break. Think positive. 0bama will be gone and the economy will come back strong.


18 posted on 10/19/2012 2:23:12 PM PDT by forgotten man (forgotten man)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

That’s a pretty good settlement. Are you being fired or laid off? Are others getting the axe too or is this just your problem?

If you have the time to consider this - do it. Otherwise, I’d take it it today. Especially if it was a broader work force reduction.


19 posted on 10/19/2012 2:23:12 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
If I posted this in the wrong spot, I am sorry. I am a little rattled right now.

Must be your first time getting fired ;-)

IANAL but...

1. The vacation time is yours - don't let them bluff you.

2. you'll probably have to sign to get the severance

3. don't sign until you get a lawyer to look it over.

20 posted on 10/19/2012 2:23:23 PM PDT by glorgau
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

I was in a similar situation. They were firing me but said if I signed the agreement which stated I was quiting I would get a severance. By signing it I was not able to collect unemployment and the court wouldn’t reduce my support obligation because I “quit” instead of getting fired. If yours is anything like that DON’T sign it.


21 posted on 10/19/2012 2:24:11 PM PDT by BubbaBasher ("Liberty will not long survive the total extinction of morals" - Sam Adams)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

Need to talk to a lawyer to have him review the agreement.

Most of the time if you are a white man your recourses are nil, you just have to move on.

Two possibilities are Age Discrimination or Detrimental Reliance, if neither of these apply to you, more than likely regardless of the cause they can fire you.

So don’t get your hopes up, most states are employment at will. Meaning that if there is no contract, either party can quit the relationship for any reason.

If Wisconsin is one of these states, they are likely just being nice and hedging their bets to make sure that you don’t come back and tie them in knots in court.


22 posted on 10/19/2012 2:24:18 PM PDT by dila813
[ Post Reply | Private Reply | To 1 | View Replies]

To: madison10
Thank you.

I asked if after the 5 months they would deny my unemployment claim. The HR guy said no. But, when I asked him if it was in the agreement, he said it wasn't.

Since I know the owner very well and truly do not trust the guy, I know I am going to have to get an attorney.

23 posted on 10/19/2012 2:24:45 PM PDT by Volunteer (Though I know that the hypnotized never lie, do ya? - The Who)
[ Post Reply | Private Reply | To 8 | View Replies]

To: al baby

Go on Twitter and find some dirt on your boss! ;-)


24 posted on 10/19/2012 2:26:04 PM PDT by Average Al
[ Post Reply | Private Reply | To 2 | View Replies]

To: Volunteer

Sign nothing until you talk to a lawyer specializing in employment law.


25 posted on 10/19/2012 2:26:04 PM PDT by SauronOfMordor (To learn who rules over you, simply find out who you are not allowed to criticize - Voltaire)
[ Post Reply | Private Reply | To 1 | View Replies]

To: glorgau

Goood advice in this post. I would add start working very hard in finding new employment. ASAP The more resumes you get out there the better. Hunt hard and give yourself options. Good Luck


26 posted on 10/19/2012 2:26:19 PM PDT by KSCITYBOY
[ Post Reply | Private Reply | To 20 | View Replies]

To: Volunteer

Ask for a copy.

Retain a lawyer for an hour.

Get a professional opinion.

By doing this you give yourself leverage and can save loads of money.


27 posted on 10/19/2012 2:27:05 PM PDT by struggle (http://killthegovernment.wordpress.com/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

Contact the Wisconsin Labor Board


28 posted on 10/19/2012 2:27:07 PM PDT by Hoosier-Daddy ( "It is not our job to protect the people from the consequences of their political choices.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
If you "quit"...you might not be able to collect unemployment. Check with that office first.

What are the chances of you picking up another job soon.

29 posted on 10/19/2012 2:27:13 PM PDT by Sacajaweau (r)
[ Post Reply | Private Reply | To 13 | View Replies]

To: madison10

I bet you nailed it.

I bet they are offering a sweet severance package in exchange for waiving unemployment benefit claims.

But still - if unemployment insurance paid 1/2 of your monthly pay, then 5 months of full pay is still better than 12 months of unemployment.

Asssuming unemployment benefits are 1/2. YMMV.


30 posted on 10/19/2012 2:27:20 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Volunteer

Wow, 5 months? I’ve never been offered that when laid off. Be grateful.


31 posted on 10/19/2012 2:27:36 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
The HR guy then explained that if I sign this agreement, that it would be seen that I quit in lieu of termination.

Will you still be able to draw unemployment compensation since you "quit"? They might fight you on that issue. It happened to my son, and it took him several months fighting it.

32 posted on 10/19/2012 2:27:49 PM PDT by Jaidyn
[ Post Reply | Private Reply | To 13 | View Replies]

To: Volunteer
When I asked why I was being fired, I was told "performance".

1. Were your previous performance evaluations all favorable? If not, it's a blessing to move on, although you should also cover your bases. If so, definitely have a labor lawyer look into it.

2. Do you have a Romney sticker on your car, a Romney sign on your house, or a Romney endorsement on your Facebook page? If so, be sure your lawyer is a conservative.

33 posted on 10/19/2012 2:27:51 PM PDT by Albion Wilde (Sesame Street: Obama brought to you by the letter O and the number 16 billion. - Mitt)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Volunteer
When I asked why I was being fired, I was told "performance"

How did you do on your last performance review? Were you given any warnings between your review and being terminated?

34 posted on 10/19/2012 2:27:57 PM PDT by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Volunteer

Probably should have a lawyer look at it.

Perhaps there may be something in there that if you take the severence you can’t file for unemployment (as it would be a lower percentage of your salary but it would last longer and it would be coming out of their pockets).

That or there may be something in there saying you can’t directly compete with them or take a job with another company that’s like the one you had with them. Non-competes aren’t legal here unless you agree to them. Even then sometimes they are so broad they can be dismissed if it’s so broad it prevents you from working, period.

go see a good lawyer.


35 posted on 10/19/2012 2:27:57 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
Five months severance for 5 years of service is a good deal. Check for non compete clauses in there.
36 posted on 10/19/2012 2:28:07 PM PDT by WakeUpAndVote
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer

A: Get a lawyer.

Never sign something you don’t understand.


37 posted on 10/19/2012 2:28:22 PM PDT by Uncle Miltie ( “Obama, Obama, there are still a billion Osamas” - Cairo Protesters, 9/11/2012)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer; BubbaBasher
Bubbabasher beat me to it.

By signing it I was not able to collect unemployment

A visit to an attorney will cost you minimal compared to what it could cost you if you sign the wrong thing. Be safe.

38 posted on 10/19/2012 2:28:22 PM PDT by Billthedrill
[ Post Reply | Private Reply | To 23 | View Replies]

To: Volunteer
The HR guy then explained that if I sign this agreement, that it would be seen that I quit in lieu of termination.

Red flag there.....in Wisconsin, if you "quit" you are typically not eligible for unemployment compensation.

You have my sympathies....my hubby was just fired very unexpectedly in August. No severance and the jerk employer even fought unemployment. Thankfully he is working again.

Where in WI are you and what's your line of work?

39 posted on 10/19/2012 2:28:44 PM PDT by Mygirlsmom (People on stage at 2nd debate: 1 Romney 2 Eye Candy 3 Lie Candy)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Volunteer

If you resign, you will be ineligible for unemployment money.


40 posted on 10/19/2012 2:28:50 PM PDT by SauronOfMordor (To learn who rules over you, simply find out who you are not allowed to criticize - Voltaire)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Volunteer

You need to sue and force them to keep you employed no matter what and to hire an assistant for you too. Or to pay you for the next 5 years for not working, that’d work for some people /sarcasm


41 posted on 10/19/2012 2:30:16 PM PDT by GeronL (http://asspos.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: glorgau
Never been fired. I am 44 and will be 45 in 2 months.

I have a disability and I have never, ever slacked off from work a day in my life.

I'm frustrated and angry and embarrassed as hell.

42 posted on 10/19/2012 2:30:58 PM PDT by Volunteer (Though I know that the hypnotized never lie, do ya? - The Who)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Volunteer
The HR guy then explained that if I sign this agreement, that it would be seen that I quit in lieu of termination.

That would very likely affect any unemployment compensation you might be eligible to receive. You need to talk with an attorney. I'm sorry to hear about your situation.

43 posted on 10/19/2012 2:31:17 PM PDT by Colonel_Flagg ("Don't be afraid to see what you see." -- Ronald Reagan)
[ Post Reply | Private Reply | To 13 | View Replies]

To: madison10; Volunteer
". . .you may be better filing for unemployment which may last longer than their five month deal after which you may not be able to file for the unemployment.

I know how this feels Volunteer, I was laid off after 20 years, not that I didn't see it coming.

In my State you can file for unemployment (and should immediately), but would receive no compensation before the 5 months that you are still receiving a paycheck; vacation pay is also a consideration.

You would have to report earnings during that time, but after the five months (+ 3 weeks, I think), if you are still unemployed, you would begin receiving benefits. If you don't file immediately however, it may reduce your benefits.

Because I am in Texas, it never took me more than a month to become employed, I wish you the same luck.

44 posted on 10/19/2012 2:31:36 PM PDT by KittenClaws (You may have to fight a battle more than once in order to win it." - Margaret Thatcher)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Volunteer

I asked if after the 5 months they would deny my unemployment claim. The HR guy said no. But, when I asked him if it was in the agreement, he said it wasn’t.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I think - FWIW - the HR guy is right. You are being fired. If later you file for unemployment, the company CAN’T deny a thing.

Take the money. Start looking for a job tomorrow. And Good luck and God Bless.


45 posted on 10/19/2012 2:31:36 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Volunteer
"They said, "we have to let you go." The HR guy then explained that if I sign this agreement, that it would be seen that I quit in lieu of termination. When I asked why I was being fired, I was told "performance". I am an at-will employee, so I assume that can mean anything."

Get. A. Lawyer.

This is boilerplate HR bs ("performance" satisfies at-will) and if it's so gd important to them to make it look like you quit, then you're in a position to negotiate your departure. But only with a lawyer.

46 posted on 10/19/2012 2:32:01 PM PDT by StAnDeliver (2008 + IN, NE1, NC, FL, VA, OH, CO, IA, NV = 287EV)
[ Post Reply | Private Reply | To 13 | View Replies]

To: SVTCobra03

At will means they don’t need a specified reason to let you go.


47 posted on 10/19/2012 2:32:01 PM PDT by Sacajaweau (r)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Volunteer

Im so sorry to hear of your loss of job. Prayers you will ge a better one.


48 posted on 10/19/2012 2:32:34 PM PDT by Moleman
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
How can a volunteer get fired? Just kidding.

Did you have a contract that says they can withhold your pay? If not you can and should sue them. And never sign anything that you can't understand. Tell them you will consider it and ask them to put it in terms you can understand. If not don't sign.

49 posted on 10/19/2012 2:32:42 PM PDT by South40 ("Islam has a proud tradition of tolerance." - Barack Hussein Obama - Cairo, Egypt, June 4, 2009.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Volunteer
First, I'm very sorry this is happening to you. The first thing you must do is not react to what's happening, and don't allow yourself to get overwhelmed. Take some time to settle down your emotions and clear your head.

Once you've done that, the next thing to do is educate yourself on the law in Wisconsin and your options. I would suggest starting here: Wisconsin Employment Law

As you will see, Wisconsin is an "at-will" state which means any employer can terminate any employee for any reason at any time, as long as the termination is not based on illegal grounds. Likewise, any employee can terminate their employment for any reason, at any time (meaning: not provide notice.)

It sounds to me like you've been laid-off as a result of a Reduction In Force at your employer. In this case, you've done nothing wrong, and neither has your employer. They are offering you a severance package based on some condition. That condition is located somewhere in the agreement paperwork they've given you.

After you've calmed down, sometime over the next day or so you should read through the paperwork they've provided. In reading the severance agreement, you may want to look for any terms that would preclude you from suing your former employer for any reason, or any terms that would cause them to sue you to recover severance payments.

Typically, those tems are spelled out in the severance agreement. If you don't find them, they're likely embedded in some legal mumbo-jumbo and in that case I'd recommend you spend an hour with an employment labor attorney. You may spend $100-250 in having them look over the agreement, but it'll be worth your peace of mind to make sure you're protected.

Wishing you the very best of luck, and I'll pray for you.

50 posted on 10/19/2012 2:32:46 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-150151-186 next last

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.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson