I Got Fired Today

[Jack_Dawson]

It paid well.

My bosses were all repukes with no consciences (redundant).

It was my job to make them look good.

I think they finally sensed the cognitive dissonance.

Severance: 1 month - IF I "Sign Here so you don't bad mouth or sue us." I told them I'd sleep on it. "No just read the agreement! The sooner you sign, the sooner we can get you your check."

I'll sleep on it.

:beer:

[idgiehkt]

1. can they legally hold your check like that?

sounds wrong to me.

I am so sorry. I've been there. Bless your heart.

[Gormy Cuss]

5. They can withhold severance.

They can't retain your earnings or unused other compensation like vacation for an unreasonable length of time.

edit to add: Sorry Jack_Dawson. It stinks to lose a job like that.

[MemphisTiger]

45. Yes they can hold severence pay like that unless it's in the

policy manual of the company to dispurse it in a said amount of time. If there is no policy in the company then they don't have to pay you anything.

[grannylib]

2. Oh man... I am so sorry to hear that; been there too. Shit.

What is your line of work? Anything in the pipeline???
Man...I am really sorry
:hug:

[Jack_Dawson]

4. Thanks GL -

Public Relations.

[ScreamingMeemie]

3. My mother in law fought the "sign this" and won.

I would suggest telling them you are having your attorney review it... Unless there is more to the situation.

I'm so sorry Jack. :(

[Jack_Dawson]

7. She fought the severance?

Just wondering. :shrug:

[ScreamingMeemie]

8. She fought the "sign this paper and we will release your check"

offer. As did my father when Stroh Brewing let him go 20 years ago. My only advice is, if you have done nothing wrong, do not go quietly.

[LostinVA]

42. Unfortunately, severance isn't a right

Unless you signed a contract upon hire saying that... do what Mrs. McGrumpy said and say your attorney's looking at it. That might spook them.

Sorry, man. It sucks to lose a job.

[bigwillq]

6. I'm sorry you got fired.

Doesn't seem like a good place to work. Maybe it's for the best.

Good luck in the job search.

:hi: :hug: :beer:

[GoddessOfGuinness]

9. Good for you....

Why are they so afraid?

Sleep on it.

May a much better job wait around the corner.

[flvegan]

10. Sorry, bro. Been there.

Sign it and talk shit anyway. They really want that shit in court? Uh, no. When proving up one's claim comes in front of a court, nobody, but nobody wants to deal with Discovery (not the cable channel).

[jobycom]

11. Yeah, I agree. Take the money. You're not going to save the world

by talking about them, and there isn't much they can do, anyway, if you do talk about them. If it's a matter of whistle-blowing, they won't get the money back. If it's just a matter of their image, then any fuss they raise about any fuss you raise just spreads their bad image further. A signed agreement would probably prevent you from selling a book or doing paid speeches on whatever you know about them, but if what you have is worth that much, you wouldn't be worried about their severance check, anyway.

Probably all they care about is that you don't use the info you have to help competitors, whatever that means in your industry.

Just my limited thoughts on the matter, without knowing what kind of business or what kind of knowledge this is about.

[Jack_Dawson]

12. Interesting

Never thought of it like that...

:beer:

[flvegan]

22. It's not "bad mouthing" really, unless

it's untrue. Bear in mind, that letter comes from some HR/pseudo manager. If it came down to it, the corporate attorney(s) would agree...let it go if there's anything that's subject to opinion.

Btw, the Motion For Discovery leverage is flvegan's Dirty Trick #2. I've got a couple big bags full of 'em.

[Jack_Dawson]

24. So flevgan...

you're an attorney then and you suggest taking the 1-month?

:hi:

[flvegan]

25. No oh oh oh, sir.

I'm not giving any legal advice. I'd never do such a thing. Simply offering opinion based on what the reader may consider sound knowledge. I'd not besmirch the lawyers (both here and elsewhere) by doing so. It would be an insult. Our JD (funny how those are your initials, too) holding kin endure incredulous cost, both monetarily and mentally (and physically) to become our representatives in a Court of law.

Besides, if folks, en masse, took MY advice as to what to do, there would be a great many folks going off and fucking themselves. It's like getting a stock tip. You still need to check with your broker, eh...but you still look into it.

[LostinVA]

43. Flvegan's right

Many of these agreements don't stand up in court, per my Dad... UNLESS you sign something like this upon HIRE. If not, it is usually construed as signed under duress, etc.

[Critters2]

47. Under duress

Good point.

[bridgit]

13. it's the law isn't it? they have to give you your check...

:eyes:

[Jack_Dawson]

15. don't eye-roll me!

Yes they have to give me my check, but they don't have to give me my one-month severance.

[bridgit]

16. not YOU = THEM, why do they think they can pull shit like that...

[Jack_Dawson]

17. Because...they're bastards?

:beer:

[bridgit]

18. ah, you've just reminded me why we started of own little gig...

here's to'ya, friend, it may take them some time...but they're going to miss you when you're gone = fuck'em!! :toast: :beer:

[Jack_Dawson]

19. Trust me - I was the best thing

they ever had. Of course they don't know that now because they're preoccupied with whatever "deal" they have going. Thing is...these sadsacks can't write, can't spell and certainly can't articulate a single thought. So...good luck.

:beer:

[bridgit]

21. yup, "Well, the last I heard of Arab...

He was stuck on a whale
That was married to the deputy
Sheriff of the jail
But the funniest thing was
When I was leavin' the bay
I saw three ships a-sailin'
They were all heading my way
I asked the captain what his name was
And how come he didn't drive a truck
He said his name was Columbus
I just said, "Good luck.""

:hi:

[graywarrior]

14. I agree with Jobycom

Went through the same thing. Slept on it and next day, took the deal. I talk about them and they don't even know. After a few days, I was into another life and stopped thinking about sueing their asses.

[Haole Girl]

20. I hope you find a better job, with ethical people, soon!

Sorry to hear you have to be put through all that hell. :hug:

[Jack_Dawson]

23. Thx KC2

That means a lot. It was very difficult for me to work with immoral peeps. But once rich people get over "the wall", they are consumed with staying over the wall. One day I'd like to climb over the wall on my own terms. Yeah I know dream on.

:beer:

[sleipnir]

26. Say you'll sign, if they don't contest unemployment.

IF you have a leg to stand on, try that angle. If it works, great, if not, well at least you get a month's severance (which will certainly be less than 6-9 months of unemployment...)

[gristy]

27. Read the thing very carefully

Get a lawyer you trust to read it very carefully. Follow the lawyer's advice.
You are potentially giving up significant rights for 1 month's pay.
Without even reading the agreement, my guess is it's not worth it to sign.
By not signing, you are protecting your rights.
By not signing, you are retaining an opportunity to drive them crazy.

Don't sign.

[Jack_Dawson]

29. See?

That's what I'm thinkin'

:beer:

[AirmensMom]

28. Wow, I'm sorry to hear that.

:hug:

[Jack_Dawson]

30. Thanks AM

:toast:

[Dangerously Amused]

31. Why would they ask you to sign an agreement to not sue them

...unless they knew they already did (or plan to do) something for which you could sue them?


Likewise, why should they care what you say about them as long as you don't slander or libel them, which would be illegal for you to do in the first place and in and of itself offer them legal grounds to sue you even without the proposed contract?

And the term "badmouth" is pretty broad. So what happens if you say something about them that is true but casts them in a bad light? Does that mean they get to sue you for breach of contract and reclaim your severance pay because they interpret what you said as "badmouthing" them?


And why the pressure to sign quickly?


Eh, I'd have to see the contract but I'm not happy with it from what I understand.


I say, tell them you'll agree to not sue them without legal grounds, and you'll agree to not slander or libel them. :eyes: (From which you are already constrained anyway!) Or, have them insert a clause in which they agree that they have not done, nor will they do, anything for which you could sue them and that your agreement to not sue is based upon their representation, and that they agree that any truthful statement you make regarding them shall not be considered "badmouthing" them. Caveat: If they agree to any part of the contract, they (someone authorized to act on their behalf) will have to sign it as well.


Geez. Good luck.

[Jack_Dawson]

33. Are you a Lawyer?

Juss wonderin' :shrug:

[Dangerously Amused]

36. Maybe.

:7


I wouldn't say if I was though, 'cuz internet practice wouldn't be my thing. And, hypothetically speaking, no official contract for legal services would equate to no official legal advice. (And no official legal bill!)


In essence, what I suggested was just one anonymous person's opinion based on no more than common sense applied to well-established federal and/or state law. That's all.


:hi:

[Critters2]

38. "cuz, ya know, you talk like a lawyer

:)

[Dangerously Amused]

40. Damn. Gotta knock that sh!t off. Sorry!

:banghead:

[yvr girl]

32. I was in that situation. I mentioned I visited a lawyer

and I got a lot more severance. The lawyer said I could get x-amount if I sued. We split the difference from the original offer for me to go away quietly (and for me to get money right away.)

[Jack_Dawson]

34. Really?

Cuz I talked to a lawyer today who said as an able-bodied white male in an "at-will" state I had no case. But then again...I keep looking for Johnny Cochran.

[yvr girl]

37. I'm in Canada, so that could be the difference

Basically, my claim was that they weren't justified in firing me.

[Critters2]

35. Sorry to hear.....

and fight anything you can fight. I was a dipshit once and regretted it. The chair of the board of an agency where I was Exec asked for my resignation. I was devastated, and completely surprised. Wanting to be a good soul, I wrote a letter of resignation. The bastards then used that letter of resignation to fight my unemployment, saying I had voluntarily resigned. I honestly think some board members didn't know the chair asked me to resign, even.

At any rate, I got screwed by being nice. Do whatever you need to to be sure you get everything you're owed--including unemployment and severance. I agree with others, if you sign the document, you can still say whatever you want, as long as it's true. They won't want to take anything unpleasant but true to court.

I hope you find something better soon (I did!).

[xchrom]

39. well that sucks -- sorry, dude.

[NewWaveChick1981]

41. Oh, man....That's incredibly sucky...

:hug: Sounds like a bunch of assholes I worked for in 1991 and 1992. :grr: Don't sign anything without reading it THOROUGHLY.... :hug:

[hedgehog]

44. You're well out of that situation

Make sure you get your contacts so you can get a better job soonest. I've been where you are, and it still rankles four years later. I just keep telling myself that living well is the best revenge. Good luck!

[leftofthedial]

46. my last "real" job,

they laid off three of us, the three oldest employees of a technology start-up

they required us to sign an agreement holding them not liable for age discrimination

if I knew then what I know now about age discrimination . . .

[LostinVA]

48. That kind of agreement isn't legal

They can't "legally" excuse themselves from being sued because of a crime... even if you sign it. Whether civil or criminal. Or so my lawyer friend says.

[Jack_Dawson]

49. Still Thinkin'...

and not any less pissed off about it.

:beer:

[u4ic]

50. Holy shit

I'm so sorry, Jack. :-( :hug:

[Throd]

51. When you go to pick up the check

wear a trenchcoat and sunglasses. Bring an umbrella wrapped up in a towel.