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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 40652
Experience:  30 years in Employment law
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I'd like to have someone review severance package

Customer Question

I'd like to have someone review severance package
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA.Ray here to help.Can you post the details and the documents, be happy to review them for you and comment..
Customer: replied 2 years ago.
I have 3 week vacation for period ending 5/31/15 and 5 weeks for period beginning 5/31/15.
Planning on working through 6/5/15. Vacation for next 8 weeks with final date of 8/10/15
Customer: replied 2 years ago.
last package they had offered 18 months. If your job was displaced. This one is if they can't fire you, but want you out of position. Non compete at 18 months. Do I have a challenge?
I have a meeting with HR in 2 hours
Customer: replied 2 years ago.
also.......DBO are for fiscal year which starts ~ 7/6//15. If I am on the payroll until 8/10/15 should I contest that I am not receiving compensation for that? And profit sharing, which starts at same time.
Expert:  Ray replied 2 years ago.
You raise valid points, you may want to negotiate these a bit and counter with 18 months.
.DBO are for fiscal year which starts ~ 7/6//15. If I am on the payroll until 8/10/15 should I contest that I am not receiving compensation for that? And profit sharing, which starts at same time.
Yes to both.
The other big items here are the noncompete on attachment 4 for 18 months assuming you are not going to try and work for a competitor and you realize how this restricts you then it is fine if they agree to your issue above.
If you want to counter here and reduce this to 6-12 months that seems more reasonable.This is negotiable and depends on what you are going to do employment wise.
Also you cannot sue them for anything like EEOC or related wrongful termination, pretty much anything like that.
Otherwise the other terms seem reaosnable they pay you for your leave which is not regulated here, allow you retirement and health care.Overall as long as you are not planning on working for a competitor for 18 months or wanting to sue them for something they did to you as an employee you would be fine here.
These are the major items I see in these documents.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again --let me know if I missed something here.
I wanted to add if this is a lay off situation you can insert something to the effect they will not oppose a claim for UI unemployment benefits.
That might give you income for a year here you are looking for a new job.
Customer: replied 2 years ago.
what specifically do you recommend I do, please draft a letter that details it. I am looking for letterhead and something official that comes from a legal office. That is the benefit of coming to you. I know that I can challenge, I need credibility to back it up.
Also, what if they say no? I do not want to lose the opportunity to have access to these funds.
Customer: replied 2 years ago.
I am referring to............ I propose 8 month non compete and 18 months separation. Separation being the most important, if I can get more of that right away.
Do they have the right to pull back the offer at any time? Thanks!
Customer: replied 2 years ago.
Can you confirm, this conversation is still active?
Expert:  Ray replied 2 years ago.
Employer Name
Address
Dear sirs,
I have reviewed the proposed settlement agreement and wish to counter with revised terms. I am asking in fairness to the situation that you agree to such revised terms for the mutual benefit of all parties.I am enclosing the revised settlement offer for your approval.
Sincerely yours,
Your name
Yes 8 months noncompete and 18 months severance.This is a reasonable modification and counter offer.Never hurts to politely ask.
How about this with your additions and send it back to them.I think they likely agree to them.You aren't asking for all that much here, often they just accept it when you submit a response.
Thanks for the follow up.
Customer: replied 2 years ago.
last question for you. My real concern is that they potentially pull back on their offer. Is that a legitimate concern?
Expert:  Ray replied 2 years ago.
No I don't think so.You aren't asking for that much.18 months as a noncompete is alot to me 8 months is more realistic or at least they agree to 12m months.Thats worth haggling over.
And it never hurts to ask for more severance again the worst that happens is they will not go up.Usually here they start low and will come up a bit.This is pocket change to a large company here.
Thanks for the chance to help you today.I wish you the best here.
Customer: replied 2 years ago.
you have been great thanks again. From a negotiation standpoint. Do I have a legitimate stake at the DBO (bonus) payments and Profit Sharing for 15/16 (our fiscal year starts July 6th)? this would be on prorate basis..........Point is that I am telling them I will not contest this if they agree to our other offers.
Expert:  Ray replied 2 years ago.
Yes you can ask for this.It is a legitimate issue and should be negotiable, never hurts to ask.
It was my pleasure to help you.I wish you the best here.
Expert:  Ray replied 2 years ago.
If you can leave a positive rating it is always much appreciated.
Take care now.
Customer: replied 2 years ago.
you open if I have questions following my offer? How do I proceed?
You receive the highest marks.
Expert:  Ray replied 2 years ago.
You can rate now and post follow up.It is not a problem, will respond to your follow u;.Thanks.
Customer: replied 2 years ago.
I opt to wait to post until I find out what the outcome is.
Expert:  Ray replied 2 years ago.
No problem.Thanks again.