Just got laid off - sign the severance package or not?

[Harmonygrl]

What is the name of your state? Kentucky

I got a surprise at work today when I was laid off (with several others as well).

The HR manager handed me a large collection of papers to sign to get a small severance package, but I said that I wanted to think about it before signing. The only paper that I did sign is to indicate that I received information about COBRA health coverage. I didn't think it was wise to sign anything before at least taking it home to review. There is a defined time period on which I have to accept the severance or not, so I have time to pause.

I know I am not giving you all a lot of information, but I'm a bit overwhelmed and not sure where to start. Thanks in advance for your time and advice.

 

[Zigner]

There is NO way we could answer this question. It is a PERSONAL decision. Additionally, you have given us no details at all.

 

[mlane58]

Even if you did give us details, no one can read or is going to take the time to do so. You need to run the agreement by a local emplyment attorney if want any sound advise.

 

[eerelations]

Keep in mind that companies are not legally required to give severance packages to laid off employees. This means that if you don't sign the agreement, you won't get the severance pay, and you won't be able to sue for it.

 

[las365]

Things to consider:

How long did you work there?
How much money did you make?
How much severance pay are they offering?

Is there any possibility that you have a claim against the employer for underpayment of wages or overtime? For discrimination (were all women laid off? All people over 40?) or retaliation (had you filed a workers comp claim or a complaint of sexual harassment or anything else?) Is there a RELEASE OF ALL CLAIMS in the severance agreement? If there is any possibility that you have a claim of some kind, you should find out about your option to pursue it prior to releasing it.

Did you sign a noncompetition agreement when you started working there? Is there one in the severance agreement?

I second (or third or whatever) the recommendation that you have a consult with an experienced employment law attorney to discuss your employment and layoff and review the severance agreement.

 

[Hot Topic]

If you don't accept the severance package thinking that they might make you a better offer, keep in mind that they want you out. You take what they're offering by the deadline or you get nothing.

 

[Harmonygrl]

Thanks for everyones responses

While some of these responses were a little harsh for me read last night, things look different in the light of a new day.

I just finished responding to another poster, that "unfair" does not usually equal "illegal".

You all gave me a baseline reading into that viewpoint last night. I think I may still call my local ABA and see if I can get a free consult with an attorney to look over the severance paperwork. I have time to get this done as well as time to respond.

Anyway, thanks again for responding to me and reminding me of my options.

 

[ecmst12]

You will probably have to pay a lawyer to read and evaluate your paperwork. In fact, you definitely will - a free consult would be to discuss how much and what you could expect from the evaluation. But I'm sure the fee will be worthwhile.