Legal Advice - Anyone Ever Negotiated Severance?

[sourn]

Seriously thought his guy is right. You want to blackmail them, but you're to much of a bitch to even use the word blackmail.

Now either grow a pair or talk to a lawyer.

 

[WiseUp216]

Snitches get stitches, OP.

 

[Jeff7]

The only "severance" negotiation I'm aware of was when someone who was laid off was permitted to finish working the remainder of the day and say goodbye to everyone, rather than being escorted off the premises immediately.

Circumstances will vary.

 

[Greenman]

No silly, I want to be compensated for my work.

You were already compensated for your work.

 

[Jumpem]

The only "severance" negotiation I'm aware of was when someone who was laid off was permitted to finish working the remainder of the day and say goodbye to everyone, rather than being escorted off the premises immediately.

Circumstances will vary.

Escorted out immediately? At my employer people are given at least several weeks notice before their last day of employment.

 

[Newbian]

So you want to blackmail them?

No silly, I want to be compensated for my work.

Another whistleblower thread?

Awesome.

 

[Dr. Detroit]

Hire a Lawyer to write them a letter demanding X months of severance due to a hostile work environment.

Cheaper to settle than fight by hiring external counsel.

Shoot for 6-months, settle for 3.

 

[Corporate Thug]

Escorted out immediately? At my employer people are given at least several weeks notice before their last day of employment.

Depends on the job. One of my friends used to be a branch manager at a national bank. I soon as someone gave their two weeks, they had HR issue them a check for whatever was owed + two weeks (usually in the same day), and asked the employee to turn in their keys immediately. They would rather pay the employee for 2 weeks and have them leave immediately because they perceived the employee staying there as some sort of liability (i.e. employee doesn't care anymore about balancing their lock box, they might encourage customers to take their business to their new place of employment, continued access to sensitive info, etc.

 

[IndyColtsFan]

Don't listen to these guys, OP. They're trolling you. Here is what you need to do:

1. Acquire spy camera and mic and hide on your person. Start filming.
2. Go to HR and DEMAND more severance -- or else!
3. Throw paper packet of evidence on table and say, in your best Darth Vader impression, "I have you now!" DEMAND a large sum of money to "lose" that packet.
4. Post film on YouTube and link to video on AT.
5. ...
6. Profit.

 

[Jeff7]

Escorted out immediately? At my employer people are given at least several weeks notice before their last day of employment.

That's how I've typically known layoffs to go, at least where I work now, and where my dad worked. Where he worked, management met the people at the door in the morning, escorted them to their desks to retrieve any belongings, and then escorted them out of the building. Where I'm at, the notification of layoffs was given at a meeting first thing in the morning, and the people affected were told one at a time right after the meeting, and then all but one were to leave the building immediately after.

You know, 2 weeks' notice, 2 minutes' notice....close enough.

Though I think in at least one case awhile ago, someone who was laid off decided to start quietly deleting various things from their PC and from the network server.

 

[foghorn67]

Severance is always something negotiated when being hired.

Unless, they really need you there to transition to someone else or to help shutdown a department. Then you can negotiate. It's an incentive to have you work well with others and to withhold any feeling of animosity while knowing you are short term.

 

[PenguinPower]

Severance is always something negotiated when being hired.

Unless, they really need you there to transition to someone else or to help shutdown a department. Then you can negotiate. It's an incentive to have you work well with others and to withhold any feeling of animosity while knowing you are short term.

Unless you are an executive, severance is something almost never discussed at hire.

 

[Capt Caveman]

Severance is designed to shut you up in all shapes and sizes. Shut up about all the bad things you saw. Shut up to the media about the company. Shut up about sueing us because after signing this document you cant. Shut up and don't work for our competitors, etc.. etc..

I had some issues involving HR to say the least and I feel like I got dick'd over.

Good luck proving any of it and if you can't, have fun being sued.

 

[spidey07]

Severance is non negotiable unless you signed a severance/retention contract before hand.

It sounds like you are being fired, not laid off. If you want to pursue further then don't sign anything. But be glad you're getting anything at all, otherwise they'll deny unemployment. As always, read anything and everything before you sign anything.

Since you're being terminated, you're lucky to get much of anything.

 

[PenguinPower]

Severance is non negotiable unless you signed a severance/retention contract before hand.

It sounds like you are being fired, not laid off. If you want to pursue further then don't sign anything. But be glad you're getting anything at all, otherwise they'll deny unemployment. As always, read anything and everything before you sign anything.

Since you're being terminated, you're lucky to get much of anything.

Who will deny unemployment...and for what reason?

 

[spidey07]

Who will deny unemployment...and for what reason?

Employer for terminating with cause.

Big differnce between "laid off" and "fired"

 

[PenguinPower]

Employer for terminating with cause.

Big differnce between "laid off" and "fired"

Employer has to prove willful misconduct, not just "for cause." While it varies from state to state...have fun with that.

 

[spidey07]

Employer has to prove willful misconduct, not just "for cause." While it varies from state to state...have fun with that.

I used "fired with cause" for a specific reason, as in many states employer can deny unemployment insurance pay if "terminated with cause".

In my state, Kentucky, it is the terminee who must prove they weren't fired for cause. Same in many states. That's why OP should read anything he signs or not sign anything or consult with employment attorney. That he is getting any kind of severance is a nice way of saying "thanks, here's some money...if you want to persue other avenuse you are free to do so...good luck with that we will fight you and give you nothing"

 

[dr150]

Whatever you do, don't go into the HR's office until you bring Saul Goodman with you! :thumbsup:

 

[Jumpem]

A little off topic: How does unemployment work if you get a lump sum severance? Do you get unemployment starting immediately, the same as if you didn't get a severance? Or do they calculate how many weeks pay your severance is, and not start unemployment until then?

 

[mikegg]

Looking for some tips - has anyone ever been laid off but had a case where you felt as though you deserved more out of a severance? As in, the company is willing to pay you more so you don't bring up legal issues to keep your mouth shut?

Any advice from someone possibly experienced?

Negotiate with them. Most companies are very willing to pay more to avoid any long term and dragged out process.

FWIW, you can ask these types of questions here and get a real lawyer's response: https://legaladvice.rocketlawyer.com/questions/employment-law/

 

[PenguinPower]

I used "fired with cause" for a specific reason, as in many states employer can deny unemployment insurance pay if "terminated with cause".

In my state, Kentucky, it is the terminee who must prove they weren't fired for cause. Same in many states. That's why OP should read anything he signs or not sign anything or consult with employment attorney. That he is getting any kind of severance is a nice way of saying "thanks, here's some money...if you want to persue other avenuse you are free to do so...good luck with that we will fight you and give you nothing"

Might want to read up on your state's statute...has to be misconduct, not for cause. Kentucky actually spells out some specifics that constitute misconduct. Oh, did I mention that I routinely fight unemployment in KY...guess I didn't.

Anyone receiving severance should always consult an attorney and any half-decent employer will state that to the employee receiving the package. But again, more often than not, an employee can receive severance and still file a claim or suit without repayment.

 

[spidey07]

Which gets to the point of don't sign anything you didn't read or understand the implications of the agreement.

 

[mikegg]

Depends on the job. One of my friends used to be a branch manager at a national bank. I soon as someone gave their two weeks, they had HR issue them a check for whatever was owed + two weeks (usually in the same day), and asked the employee to turn in their keys immediately. They would rather pay the employee for 2 weeks and have them leave immediately because they perceived the employee staying there as some sort of liability (i.e. employee doesn't care anymore about balancing their lock box, they might encourage customers to take their business to their new place of employment, continued access to sensitive info, etc.

Yep. This also happens often in IT.

 

[OCGuy]

OP, please read up on the subject. People end up in prison for what you are suggesting. Seek employment council in your state if you think you have been wronged, and don't post about it on the internet.