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Question

I have a separation agreement and general release by my current employer, I'm unsure if this document will render my rights to collect my past wages and agreed severance pay.Worked this Company for over 4 years remotely at home. I live in Washington and they are based in Chicago, IL. I was told at the begining of October 2008 I would be laid off at the end of the year. Instead they presented me with this document that says I will be laid off Dec 1, 2008 and will receive severnce pay for the month of December instead. They remoeved all my duties in the month of Nov so I have nothing to do.They have also mispelled my name in the document they provided me which I have asked them to correct, but they have not corrected the document and have had little communication with me over the month of Novemember. I have become really concerned and now it is approaching Dec 1,2008. I have included the document below pasted.-- LEGAL DOCUMENT PROVIDED BY CURRENT EMPLOYER --Separation Agreement and General ReleaseThis Separation Agreement and General Release is entered into on the date lastentered below, by and between ##MY NAME## on behalf of ##MY NAME##, andhis heirs, agents, representatives, executors and administrators, and xxxxxxxxxx Inc, itsparents, subsidiaries, affiliates, divisions, predecessors and successors, and all of theirpresent and former trustees, officers, directors, employees, agents, assigns, andrepresentatives (herein collectively referred to as “Employer”)Except for breaches of this Agreement, ##MY NAME## does hereby fully,finally and forever waive and unconditionally release, acquit and discharge Employer forany and all claims, complaints, causes of action, demands, suits, liabilities, or obligationsof any kind or nature, including but not limited to any and all claims of employmentdiscrimination (including claims of sex discrimination and/or sexual harassment),retaliation or any other alleged violation of the Civil Rights Act of 1866, Title VII of theCivil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with DisabilitiesAct, the Rehabilitation Act of 1973, the Illinois Human Rights Act, or any other federal,state or local statute, regulation or ordinance relating to leaves from work and/orreinstatement rights; fraud, detrimental reliance, negligent hiring, negligent supervision,interference with contract or prospective economic advantage, intentional or negligentinfliction of emotional distress, embarrassment, pain and suffering, libel, slander,defamation, or any other claim or cause of action asserted under the common law of anystate; wrongful or tortuous termination, violation of public policy or similar claims;breach of express or implied employment contract and/or estoppel; unpaid wages,vacation or other compensation of any kind under the Fair Labor Standards Act; breachof contract principles or applicable state or local law; breach of fiduciary duty,discrimination, or any other alleged violation of the Employee Retirement IncomeSecurity Act; any and all claims under any other federal, state or local statute orordinance; any and all claims for compensatory, punitive, or other damages or relief ofany kind relating to any claims; and any and all claims for attorneys' fees and costsincurred in relation to such claims. ##MY NAME## warrants that he has not initiatedor filed any claims of any kind against Employer with any court or government oradministrative agency. ##MY NAME## further unconditionally waives the right toreceive any benefits or remedial relief as a consequence of any charge filed againstEmployer with the Equal Employment Opportunity Commission, the Illinois Departmentof Human Rights, any other federal, state or local government agency, or any lawsuitfiled with any federal or state court.In consideration of the general waiver and release of claims and other covenantsand agreements contained herein, Employer will provide a severance payment to##MY NAME## in the amount of $ 3350.00. It is specifically understood and agreedthat the payments provided for in this paragraph will cease immediately upon the breachby ##MY NAME## of any representation, warranties, covenants, duties or obligationscontained in this Agreement or the Employee Manual. In the event payment isterminated for this reason, such termination shall not render xxxxxxxx Inc's release, orother covenants and agreements set forth herein, unenforceable.Page 2Page 2 of 2The parties understand and agree that the agreement was proposed and offered to##MY NAME##, by this instrument, on 11/13/2008, and will remain available for##MY NAME##'s acceptance for 18 calendar days, until and including 12/1/2008.##MY NAME##'s acceptance of the offer must be made via execution and mailing ofthis document, postmarked no later than 12/1/2008.The parties understand and agree that ##MY NAME## is not entitled to andwill not receive any payments or benefits of any kind from Employer, other than thosespecifically set forth in this Agreement.Wherefore, the parties have affixed their signatures below._________________________________________________##EMPLOYERS NAME##Title: ##EMPLOYERS TITLE##Date:___________Date: 11/13/2008

Submitted: 360 days and 16 hours ago.
Category: Employment Law
Value: $50
Status: CLOSED
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Belfair, Washington

Posted by PaulMJD 360 days and 16 hours ago.

Answer

The severance agreement should disclose in the opening the consideration you are being given in exchange for signing and what rights you are waiving by signing and taking the consideration. All severance agreements should state that you will be receiving your pay for hours already worked and in addition a certain number of weeks of severance pay to which you would not normally be entitled and whatever other benefits they are throwing in. In exchange for the severance pay, you will be asked to waive your rights to sue the employer for wages or any descrimination under the various discrimination laws. Additionally, many of these agreements also contain a non-disclosure/non disparagement clause to prevent you from discussing the agreement.

If you sign and take the severance pay (in addition to whatever wages they owe you for work already worked) then you waive your rights to sue for anything, except if they breach the severance agreement.


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360 days and 15 hours ago.

Reply

Thank you very much for your quick reply! I did not realize I would not be able to upload the document, so I actually redid my post. Would you be kind enough to review my revised posting. And advise accordingly.

Accepted Answer

According to this agreement the only benefits you are getting is the severance and you need to ask for a modification in the agreement to pay you the wages owed for work already performed. Additionally, under law they are supposed to give you 21 days to sign the agreement and then 7 additional days to rescind your signature in writing. At the very least you need to get them to clarify the agreement in writing regarding your wages for hours already worked, since the agreement states the only thing you will receive is the severance money, which theoretically is not really consideration if they owe you money for work already performed.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 11/28/2008

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20+ Years of Employment Law Experience

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