To anyone that has actually signed a release for a ‘package’. I am guessing that a release needs to be signed for severance to be paid? Does that preclude the employee from filing any and all lawsuits post signing? Key words is “all”. For instance a whistle blower, harassment, protected class type of complaint?
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Didn't sign severance because there are no controls for the iffy decisions being done by low energy managers via Teams chats and excels.
Get ready for the next Netflix and chill episode about the stagecoach.
Would love to hear any stories about people negotiating a better severance. I suspect any such story (again if any) would involve very particular circumstances?
If you are going to start the legal thing time is of the essence. Not sure if starting legal action somehow immunizes you against the 60-day signing deadline.
@vyt The notice help CYA Wells. Also the notice of the ages of people laid off with you. If you feel you have been wronged you have to file before the notice period is over.
"A release has to give you something in exchange for your agreement not to sue -- something that you aren't already entitled to receive. If company policy already promises you a week of severance pay for every year with the company, you must receive more in exchange for the release. "
Flaw in this argument - you are not entitled to receive severance. read the handbook carefully. You are entitled to 60 or 90 days (depending on state) of paid notice... but you are not entitled to severance.
Not a lawyer here, but not sure how they get away with holding something back they have already stated is part of your benefits package?
Your Boss knows you are going to be fired, so they can do quite a bit before someone says, my family needs this income more than my chance for winning a whistleblower, or similar infraction of the law. Sure sounds like a repeatable scenario where employees sign away their rights under duress. A narrow release for wrongful termination, sure, but signing off all rights seems wrong.
From one of the many employment law firms out there.
A release has to give you something in exchange for your agreement not to sue -- something that you aren't already entitled to receive. If company policy already promises you a week of severance pay for every year with the company, you must receive more in exchange for the release. Similarly, the company can't hold up something you've already earned until you sign. If, for example, your state law requires employers to pay out unused vacation, your employer can't force you to sign a release in order to get the money for the vacation time.
Unfortunately you give up the right to litigate further. Courts have recognized that when signing these documents you are under duress and thus could sue. Problem is the 60 day non working period takes that right away. It covers every state's statue on a waiting period thus removes the duress option. There is still an option to sue concerning discrimination be it race, age, etc. WF is very careful on that front so not likely you could accrue the evidence needed.
Yes. Don’t sign, don’t get severance Sign and you sign away all legal recourse - you take the $ and walk away, end of story.
Correct