I was laid off (50+ age but not retirement eligible). I received the waiver and release form. Do I need to get the form reviewed by an attorney before I sign?
Would love to hear from others who are knowledgeable about this.
14 replies (most recent on top)
No soup for you
I asked my manager about if these layoffs mean the employee is not allowed to apply later on. He said it was discussed that these employees would not be black listed due to the unique circumstances (provided they had no issues).
So not sure the paperwork dictates anywhere that an employee cannot apply. More than likely its just the company's decision not to rehire you even if you do apply again.
The "No future employment with EM" stipulation in the waiver is EM saying "here's your severance money that you don't have to work hard for and yet free money. But in return, you're banned from this company." Chevron has better stipulation: You can come back, BUT you have to pay back your severance we paid you.
I did consult with an attorney back in July for the PiL program and at least reassured that any waivers to future legal recourse have NO TEETH. In other words, lawers at XOM are ignorant of labor law.
But I'm in Jersey. I think in TX, it's all who you knew.
I wouldn't ask this group if you want a good answer.
My recommendation:
Contact the 'Legal' department at XOM and ask them to consult with you on this company-based legal issue. They will be required to do so. It is a company issue and could result in action against the company.
See what they say about it - for free.
And - if you are in the right state (maybe TX) - you can record it all for future reference.
@nhd+18rMXwGz said, "and you'll never seek employment with EM".
Why do you have to agree to never seek employment with them again?
Seems like if in the future, they have a job that fits you, why not?
Also, EM is under no obligation to hire you, so why do they force you to agree to that?
No severance
What happens if I don’t sign the form?
if you are looking for ways to spend money, there are better
I paid $150 for a one hour consultation.
Reviewing with a lawyer would cost an average of $500. It's additional money out the door in favor of EM, so I did not bother. Not worth it, just sign it and move on. The waiver is your admittance that you'll never challenge your separation and you'll never seek employment with EM.
@ero+18rMXwGz - could you please share how much the attorney charged to review? Just trying to get a sense of what cost to expect for the review.
I reviewed it with an attorney. Pretty standard stuff and nothing on there to really challenge. Just sign and move on with life. The only reason to speak with an attorney is if you have an open and shut discrimination case that you can file. That's unlikely.