Release agreement, severance

[jclelan]

What is the name of your state (only U.S. law)? Pennsylvania

I had a few questions regarding whether or not I should sign an agreement not to sue my former employer and accept the severance package they gave me. I'll start with a quick run down of what happened. After starting a new job, I was "let go" after 3 months. During the interview process, I made it very clear my capabilities without exaggerating. They still recruited me even after I initially turned the job down. Anyway, I started the job, and just after my 90 day mark, they called me into the office and let me go. They stated that I was not who they thought they were hiring, which is very off base considering what we had discussed during the hiring process. They claim they are going off what coworkers said, which itself is very biased. (Good ol' boy type thing). Not once during that time did anyone from Management discuss with me anything they thought of my progression or work habits. There were many, many days (even weeks) where the workload was so small that many people got sent home. I opted out of going home every time I was approached because no work, no pay. Anyway, I'm wondering if I have any leg to stand on to sue them, or if I should just sign the release, accept the severance, and move on. Also, I'm under the impression that it will not effect unemployment because the dollar amount isn't over a certain threshold, but of that I'm not certain. Will it effect receiving unemployment?

Thank you in advance for any advice.

 

[Zigner]

What is the name of your state (only U.S. law)? Pennsylvania

I had a few questions regarding whether or not I should sign an agreement not to sue my former employer and accept the severance package they gave me. I'll start with a quick run down of what happened. After starting a new job, I was "let go" after 3 months. During the interview process, I made it very clear my capabilities without exaggerating. They still recruited me even after I initially turned the job down. Anyway, I started the job, and just after my 90 day mark, they called me into the office and let me go. They stated that I was not who they thought they were hiring, which is very off base considering what we had discussed during the hiring process. They claim they are going off what coworkers said, which itself is very biased. (Good ol' boy type thing). Not once during that time did anyone from Management discuss with me anything they thought of my progression or work habits. There were many, many days (even weeks) where the workload was so small that many people got sent home. I opted out of going home every time I was approached because no work, no pay. Anyway, I'm wondering if I have any leg to stand on to sue them, or if I should just sign the release, accept the severance, and move on. Also, I'm under the impression that it will not effect unemployment because the dollar amount isn't over a certain threshold, but of that I'm not certain. Will it effect receiving unemployment?

Thank you in advance for any advice.

Sue them for WHAT? From what you've described, the employer did nothing illegal.

 

[eerelations]

You have no grounds for a lawsuit. You either sign the release and get the severance pay, or don't sign the release and don't get the severance pay. Either way, you've been legally fired. Google "at-will employment" for more information about why this was a legal termination.

 

[cbg]

You may as well sign the release and take the severance because if you try to sue them you'll lose. No valid grounds to sue here.

 

[commentator]

Depends how long you have actually worked for them about whether or not they'll be the separating employer for unemployment insurance purposes. Different states look at this differently, and they all go back and look at your past 18 months to two years of covered wages and employers, so the best thing for you to do is go on and sign everything. Leave and immediately file for unemployment insurance.

By its very nature, a probationary period means that during that time, they are looking at you, they are evaluating you as to what you can and cannot do, and they are perfectly entitled to ask you to lots of different things, even things that were not discussed in your interview process.

If they decide they don't want you any more, they let you go at the end of their probationary period, as well they should have. They may very well have done it not just because of what you could and could not do, but because they just need to cut the workforce and can't afford to pay you right now. That's perfectly legal for them to do. They are terminating after a probationary period in which you say you were not given any opportunity to change your behavior and do a better job, received no feed back on how the job was being performed, and very importantly, you always did your job to the best of your abilities. Usually when you say that, and you showed up every day and tried your best, didn't quit the job, and they let you go, you are okay for unemployment purposes, as far as this employer is concerned. Where you have worked before will have a lot to do with whether or not you qualify otherwise.

Letting employees go at the end of their probationary period is a good move for a company if the person truly isn't working out. Or even if they just need to cut back on expenses and the workforce. Unemployment is your only recourse, file for it at once and let them work out the perambulations of who you'll be drawing off of and what is the reason for your termination.