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.
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.
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.
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.
Go on Twitter and find some dirt on your boss! ;-)
Sign nothing until you talk to a lawyer specializing in employment law.
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
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.
Contact the Wisconsin Labor Board
What are the chances of you picking up another job soon.
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.
Wow, 5 months? I’ve never been offered that when laid off. Be grateful.
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.
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.
How did you do on your last performance review? Were you given any warnings between your review and being terminated?
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.
A: Get a lawyer.
Never sign something you don’t understand.
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.
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?
If you resign, you will be ineligible for unemployment money.
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