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.
Not true at all.
EVERYONE needs to read this:
What do you know that the company doesn’t want to get out there. My daughter was fired from a job she had for 11 years. She hated it, but she had a lot invested in it. They made her sign one of those before giving her her severance.
The guy was money laundering. My daughter and the other emplyees didn’t understand what they were doing, but that’s what it was. He was making each of them hide $10,000 on there body, whenever they came back from a trip to China. He had a girl in NY, who he fired, also, that was asked every month to pick up $40,000 from some Moroccan Jewish rabbi. She had to meet him in a hotel room, count the money and ship it to CA. Because this was just such a small part of the job, they just did what they were told. The rabbi got arrested an the girl got fired. The owner of the company just got worried about some of the other employees and fired them too.
Her husband advised her to just sign the agreement and take her money and run because the trouble that the owner of the company could cause was was not worth the satisfaction of turning him in.
When you sign the paper you eliminate some options, but they have to comply with State Law.
The state protects against Age, Race and Religious discrimination and provides an avenue to pursue one's grievances.........Other than that, rather than try and interpret what you have posted, why don't your give us your synopsis?
Thank you!
That is why I said in my post:” They almost all think this way.” There are a few exceptions not many though.
Get his Business Card and ask for written opinion if he blows you off, Mau, Mauing the Flack Catchers can be fun.
You probably could get another month or two out of them without a whole lot of wrangling if you are a not afraid to negotiate a little. They just want you to sign and go away.
My company recently started putting this language in all employment agreements for new hires.
I don't mean to cast any aspersions on your own situation but I want to get that out there for other Freepers who might benefit from this information. Be careful out there. I try to only access Free Republic from a personal computer or phone device.
Um, based on what you have posted so far, they are prepared to fire you or cause, and if so, would preclude you from getting unemployment.
They can to pay out your vacation nor salary earned to date.
Between the month salary owned and the vacation, they owe you close to 2 months compensation. Are they giving you 5 months on top of the vacation and earnings to date?
And, do they have a cause for firing you? Performance is not specific enough. If they have cause, take the offer and move on...
I would be very careful with this. Generally you can’t collect unemployment if you have quit.
When an x-employee signs up for unemployment the company’s rate goes up. They try to get you to quit and they save bucks. More than their giving you...
Depending on the job market, but you could very well be better off with unemployment. Perhaps a lot better.
Your wrong here. If your fired, especially in a right to work state, you can almost always collect unemployment. If you quit you can’t...
Weigh the severance + vacation pay (and this months salary) against how long you think you might be unemployed. That’s what they are offering. Personally I would take it. You’ll get fired anyway.
No matter what the HR guy says, you will not be able to get unemployment after the severance if you sign the agreement (oh you can file, but you won’t be awarded). People who are fired don’t get severance packages. This is a forced retirement so to speak.
Keep in mind, unemployment sucks. It’s way less than your actual pay, you have to check in weekly and you will have to declare as income. Start looking for another job (if you technically didn’t get fired, and left in good standing despite “performance” issues you may be able to get a letter of recommendation), and with any luck you’ll have a new job before the money runs out.
Most of those people are eunuchs and will surrender eventually.
Fired for cause is what the Op Indicated that his employer was considering if he did not resign. That usually precludes unemployment...
The question is - is your agreement a termination agreement (where you are not eligible for rehire) or is it a severance agreement due to job elimination/layoff (you are eligible for rehire). When I was laid off, I received 5 months of severance, paid on each regular payday in the amount equal to my salary. I also was eligible to file for unemployment on the day I was terminated, upon completion of my waiting period, I received unemployment checks every two weeks while I looked for a job.
I think my action would depend on the reason for being terminated and offered the agreement. If it is because of a layoff and I wasn’t the only one effected, then I wouldn’t worry. If it was due to something else, then I would have a legal person review it.
If they are firing you for performance issues, then you either missed a whole lot of clues leading up to this or you did something really wrong, or you are not telling us everything (and that is OK) or your HR guy is a jerk.
Here in the peoples republic of MA if they terminate you they HAVE to have a check cut for time worked and accrued vacation time ready for you as you leave the building. Most folks dont know that.
My guess is that your letter is simply a way to get you out without any legal fights. And really, if they don’t want you there...why would you argue to come back.
In addition, if you were just low guy on the performance tree and they needed to cut someone, then they want you out now...so as to not screw up the books into next year.
If you take the deal, work with someone to change your w4 prior to them cutting the check. The lump sum could be taxed at a different rate-and you would get it back, but later.
If you had a 401(k) make sure you get the vested parts.
But, I am thinking there is more to this conversation than, “Hi Joe, you’re fired.” Unless you work in broadcasting—where it happens all of the time.
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