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.
Don't be! It's the way of the world these days. Keep your head up. Things will change and everything will work out.
I agree with everyone else. Do not sign anything without having a lawyer look at it! Do not allow them to force your hand. They do not want to pay the unemployment, that's why they're most likely making you the offer.
Stay positive, I believe things are going to turn around after this election.
I got 7 months when MSFT laid me off in 2009. After 2 months, I got back on as a contractor. Since I wasn’t an employee, it didn’t affect my severance. Then they rehired me as an employee 2 weeks after I would have had to pay anything back to them. Not kidding, they actually lost money doing this.
Hate to spend money on lawyers as much as the next guy, but usually on things like this it is money well spent...
Before I can offer you any advice I would have to know both sides of the "story". Specifically, why did they fire you and what documentation did they present to justify their decision?
Second: What is your argument in defense of your job?
Third: Are you in a "Protected Group"? Minority, senior citizen, etc.....
Fourth: Is your state an "At Will" state?
Wisconsin is an "at will" state and your employer has every right to terminate you. Consider yourself lucky that they are giving you a five month severance package so take the money and move on.
You know exactly what the document they are providing you with says, I've received one myself. It basically says that in acceptance of their offer you agree not to sue them..........pretty simple really.
And if you're a smart guy, you won't waste your money in hiring an attorney because the attorney is the only party in this incident that is going to profit.....
They also can't terminate whatever contractual rights you might have. You don't need to have a contract in order to have contractual rights. An employee handbook or an open company policy that provides due process rights such as a warning of bad performance and opportunity to cure before termination is sufficient. If you feel you have reimbursable vacation time or other rights then there has obviously been some policy or discussion that has given you that idea and, if so, it can't be taken away from you.
As others on this thread have pointed out, you should absolutely not sign anything until you've had an attorney analyze the situation. It could be that the deal they're proposing is the best you can do, but you need to be fully informed before making the decision. It might take a couple hours of attorney time to sort out your options, but it will be worth it to get competent advice. Go here and search for an attorney in your area who lists employment law as an area of practice.
Don't let it get you down. I have found myself in difficult situations in the past and most of them have ultimately turned out to be blessings in disguise. Stay positive!
Volunteer, sorry to hear this.
Repeating the general advice from other Freepers, labor laws very dramatically by state, legal consultation would seem appropriate if you don't understand it, never sign anything you don't understand.
If you quit, you would most likely not be able to collect unemployment and any other benefits that may be things commonly given to the company's other employees upon a layoff.
I wish you the best of luck.
Unless your employer goes Chapter 7 and disappears overnight...
As a follow up, a five month severence package for only 5 years of employment is pretty darn good.........
In CA they cannot withhold your earned vacation pay to sign a release. Do not know about WI. Also the resigned in leiu of termination clause might pose a problem in collecting unemployment. Again don’t know the effect in WI.
Bottom line - see an WI atty who knows this stuff. You can try to find one through the National Employment Lawyers Association “NELA.”
God bless you and thanks.
BIG mistake to get “a lawyer.” I deal with lawyers all the time and getting any lawyer even specializing in labor law is a waste of time. You may as well crack a match to the money you’ll pay him for all the good it will do you.
You first have to find the right lawyer instead of just “a lawyer.” Not doing research on the lawyer you are dealing with can turn into catastrophe. Don’t underestimate this. You may have to interview 20-30 lawyers before you find the one that fists your needs.
When you see a lawyer they all look at you to see what kind of goose they are going to carve up. They first think about how much money you have to go the distance. If they think you are some poor sap, they will soak you for a few hours of time only to tell you you are screwed. They almost all think this way. Don’t do that.
If you do contact “a lawyer” find out if they charge for the initial consultation. If they do not, go talk to them to educate yourself. If they do don’t see them.
I would go as far as taking an anonymous classified ad in the paper asking the same question you asked here and see who responds. In other words, you need to figure how to get referrals from people who are going through the same thing and who have had positive outcomes.
Getting a lawyer willy nilly is the road to disaster.
X2
Don't you think it's strange that they claim they're firing you for "performance," yet are offering you a 5 month severance package? I'm assuming the term "performance" means they think you weren't performing up to par. Did they provide you with a written statement listing the areas you weren't performing well?
While everyone else is saying ‘dont sign until you have a lawyer look at it’ one hopes you have a friend or relative lawyer to look at it. You dont want to pay lawyer’s fees to review a standard agreement.
Companies do this to protect their rear ends from lawsuits. If you dont feel you should or could sue the company for doing something wrong in how they treated you, then you will end up wanting to sign this, take the severance package and move on quickly to get your next step in your career. You should check on what rights you will have for unemployment benefits, if you need that.
The main thing is not to dwell on the job you lost. Again, unless they did something stinky or illegal, if this was ‘laid off because the company is losing business and cant afford me’ then they only did what they could and your best bet is to take the severance and move on.
You have great skills and assets that will enable you enjoy a new and different job. The old company has inadvertently given you an opportunity to grow and you have a few months of pay to help in that transition.
LOOK FORWARD.
Dont wait 5 months to look for your next job. I suggest you go to the library and get the book:
“Fired with enthusiasm”
Millions of Americans have been laid off in this Obama depression, so dont feel bad, be positive and you will find the next step one in the right direction. That book helped me gain a good persepctive and it will help you.
In the end, it will be best to sign, get the severance package, and move forward with your life...
Good luck!
If you were a ‘regular’ employee (rather than contract), they cannot withhold payment for vacation time accrued but not taken, if vacation accumulation was a part of the regular employment (given to all employees).
This is at the negotiating stage. Get assistance from someone more knowledgeable with your situation and your state laws. It may be worth contacting an attorney.
If you were being “fired” because of performance (if I remember correctly were good except for a “typo”), there would be NO severance package. A severance package are for those being laid off (been there done that). The fact they are asking you to lie, forcing you to sign something that states you quit is a HUGE red flag.
Not only did I get my severance package, I was able to collect unemployment as well, at the same time.....although I worked for the big evil Citicorp.
They cannot withhold what you have already earned in regards to your salary. Vacation time is another matter. Depends on what you signed when you took the job (some are use it or lose it, especially in small business).
Get an attorney. Looks like they are “tying up loose ends” before obamacare kicks in.
Oh....and God Speed at finding a new job. Prayers up!
Waste of money. The agreement is a simple one page document. Folks here are making too much out of a common every day occurance..... Over 30 years in HR, both plant side and corporate and received the same letter in my 34th year.
Just move on....
My disability stems from an accident I had back in 1995. I had a Traumatic Brain Injury. So, I have difficulty with reading at times. But, I did well enough to finish my Ph.D. in 2000.
The company is in a bad financial spot, made worse by the fact that the owner hired his father-in-law.
I haven’t read all the comments yet, so I don’t know the legal ins and outs, but I can tell you, as one experienced in Involuntary Severance Packages that five months severance for five years service is excellent. Usually it’s five weeks. From what I’ve seen of your later comments, “in lieu of termination” for performance means you won’t get a better deal. Get a lawyer to check out the contract you’re being asked to sign, you should be able to get one inexpensively for this matter by contacting a lawyer referral service or the state Bar.
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