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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
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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)
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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)
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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)
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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)
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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!!)
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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)
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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)
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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
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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.)
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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?))
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To: Volunteer

“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.”

Be careful with the attorney. He could end up with the money, you get a bad deal and nothing to show for it. Have you done a good thourough search for this on the net? I’ll bet there are a lot of people who have faced this.

Enter this string in google;

sign agreement to get back pay quit instead of fired


51 posted on 10/19/2012 2:33:01 PM PDT by jessduntno ("Socialism only works...in Heaven where they don't need it and hell where they have it." - RR)
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To: Volunteer

Hi Chief.

Sorry to hear about that. I’m in CA, and was laid off in Feb. Still unable to find work. Really, really not a good time.

My advice, keep your head on straight. Wherever you were employed at, their HR should be able to help you sign up for unemployment benefits. It’s crappy, I know...but that’s why you pay taxes. Don’t get yourself down - it can be amazingly frustrating looking for work.

Although it’s very rare I post here, I’ve been a long-time spectator. Recently, I’ve been emailing/contacting old friends in OH and FL and playing my role to kick Obama out of office. Actually, contact anyone you know - your story will likely reach beyond the first degree of separation.

Hell, you don’t even know who I am - lol.
Good luck to you, and looking fwd to celebrating here in Nov!


52 posted on 10/19/2012 2:33:23 PM PDT by kropcke
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To: SVTCobra03
My reviews have been good.

There was 1 issue with a report but I was never told it was so grave I would be fired.

It was a typo.

53 posted on 10/19/2012 2:33:48 PM PDT by Volunteer (Though I know that the hypnotized never lie, do ya? - The Who)
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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.

NO!!! do not sign.

I don't think quitters get unemployment

54 posted on 10/19/2012 2:33:48 PM PDT by GeronL (http://asspos.blogspot.com)
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To: StAnDeliver

People don’t know that when a former employee collects unemployment, the employer’s contribution goes up.


55 posted on 10/19/2012 2:35:14 PM PDT by Sacajaweau (r)
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To: Volunteer

I am sorry this happened to you. Don’t panic. Don’t go into depression. You don’t have to sign to get your pay or vacation. That’s yours. You probably have to sign to get the severance. The fact that they are being dishonest with you about this worries me but there ain’t a whole lot you can do about it. If you take the severance you may not get UNenjoyment benefits which may last 2 years. Keep the form as evidence they offered to let you quit. You probably need the money more than giving it to a lawyer. The lawyer is the last option. One last thing. No matter what happens - DON’T THREATEN THEM. Even if they make you very angry. Don’t look back. Look ahead. If you need any support FReepmail me. I’ve traveled a similar road.


56 posted on 10/19/2012 2:35:14 PM PDT by BipolarBob (G Orwell was an optimist it seems.)
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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.


I’m sorry this is happening to you. I’m not a lawyer, so I could be very wrong on this, but you need to find out if this would disqualify you from collecting unemployment should you need it at some point. Don’t sign anything until you speak to an attorney. It’s tempting to take whatever you think you can get up front, but this could hurt you in the long run. Be very careful.


57 posted on 10/19/2012 2:35:35 PM PDT by NewJerseyGOP
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To: Volunteer

They legally cannot refuse to pay you for salary you have earned or vacation pay you have accrued as part of your employment agreement. This would have to be paid on or before the next regularly schedule payday. The severance could probably be contingent on signing the release they want you to sign. If you don’t understand it you should probably have an attorney review and explain it to you.


58 posted on 10/19/2012 2:35:35 PM PDT by Busywhiskers ("Once you have wrestled, everything else in life is easy" -Dan Gable)
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To: Responsibility2nd
If he signs that paperwork indicating he quit rather than being terminated, he most certainly can, and likely will be denied unemployment by the State of Wisconsin.
59 posted on 10/19/2012 2:36:24 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Volunteer

You have a disability? Definitely get a lawyer.


60 posted on 10/19/2012 2:36:25 PM PDT by TheRhinelander
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