Skip to comments.I Just Got Fired.... Now What?
Posted on 10/19/2012 2:14:49 PM PDT by Volunteer
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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
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.
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.
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.
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.
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.
At will means they don’t need a specified reason to let you go.
Im so sorry to hear of your loss of job. Prayers you will ge a better one.
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.
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.
“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
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!
There was 1 issue with a report but I was never told it was so grave I would be fired.
It was a typo.
NO!!! do not sign.
I don't think quitters get unemployment
People don’t know that when a former employee collects unemployment, the employer’s contribution goes up.
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.
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.
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.
You have a disability? Definitely get a lawyer.
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