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Recent Voluntary Separation questions

I was let go from my job 2 weeks ago and offered a severance

I was let go from my job 2 weeks ago and offered a severance in exchange for signing a "voluntary separation and release agreement". I have done some research and I don't believe signing this agreement would prohibit me from also collecting unemployment while I search for a new place of employment. I also would like to ensure the wording in the agreement is standard. Thank you.

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
My 25 year old daughter works for a large company for 3 yrs

My 25 year old daughter works for a large company for 3 yrs this Oct and has been a good employee with a wonderful work ethic. She has a severe eating disorder and was in residential treatment for 9 weeks from Oct to Dec, 2015. She used 9 weeks of FMLA, and relapsed and was sent back to treatment the end of April until the 3rd of July, 2016. She asked to work remotely, so she could go to aftercare. She worked 1 day, July 8th, relapsed and had to go to the hospital for 5 days and back to residential treatment. She was notified that if she is unable to return to work by Aug 4th, she will be terminated due to being unable to return after medical leave. She has used up all of her FMLA plus personal leave time. Is it better for her to quit her job rather than be terminated, so that if/when she gets healthier, a prospective employer would be more likely to hire her? How would quitting affect her COBRA, unemployment, and long- term disability?

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RobertJDFL

Attorney

Juris Doctorate

12,396 satisfied customers
I had an employee who was due to return from their vacation

I had an employee who was due to return from their vacation on Monday,. They called out of work on that Monday with personal issues. The employee was then scheduled to work on Tuesday, Wednesday & Thursday. The employee failed to show up or call out for any of the three shifts. Later the evening on Thursday past the scheduled time to work the employee called their Boss to ask where their paycheck was. The boss explained to the employee that they had their check and that they could pick it up the following day and to bring their uniforms with them. The employee came to work on Friday to get their pay check. Once they arrived at work the employee was asked to meet with their two bosses and human resources. When the employee entered the office they smelled strongly of alcohol and were slurring their speech. The boss said to the employee that we considered this their resignation since they stopped calling or showing up for work. The employee said they were not resigning that they were being fired. The boss went onto to explain to the employee that they were not being fired and that if they wished to get assistance with their drinking issue that the boss would help the employee get into a rehab facility. The employee said that they had the issue under control and did not need the bosses assistance with seeking rehabilitation. The boss stated to the employee how could they say that when they currently reeked of alcohol and the boss again offered to assist the employee with getting help. The employee again said no they did not want any help. Then the boss stated to the employee that the only reason you came in today was to tell us that you were fired so you can collect unemployment. The employee said yes what else were they supposed to do until they can find another job.The employee has had many past issues with attendance due to their personal issues. The employee was given the employee handbook which they read and signed. The employee handbook clearly states that three consecutive days of unexcused absences (no call/no show)will constitute job abandonment, a voluntary separation of employment. The employee was explained this again on Friday and signed the written warnings showing his three consecutive days of unexcused absences.The employee did file for unemployment which we are currently disputing.My questions are: Can I send all of this information about the employee's drinking and the offer of rehab to the unemployment office without violating any of the employees rights? Does what happened constitute a resignation or termination?

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5,238 satisfied customers
I am a 66 year female employed with a major company last 5

I am a 66 year female employed with a major company for the last 5 years. I was given notice that my job was being eliminated and that I along with several others were being RIFFED. I was not happy, but I accepted that. One week later ( before my last day) a VP sent out an email announcing the hiring of 3 new people (all under 30) and talked about the "fresh young faces" in the company and how they would be able to "grow them up" in the company. I am quite capable and experienced to do any of those jobs (I am not a highly paid employee) but was never offered the opportunity. they are now advertising for new positions. I feel as if these decisions were age related. any advice?

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
I received a WARN notice, but I have been offered a

I received a WARN notice, but I have been offered a retention agreement with a 1 year duration. I am currently clarifying the vague terms within the retention agreement, but if it turns out that I am not satisfied and do not with to sign the agreement, do I forfeit my 60-day WARN and default severance or in other words, can my refusal constitute a voluntary separation on my part?

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
I recently tried getting a reinstatement to get my job back.

I recently tried getting a reinstatement to get my job back. I was denied twice and not given explanation. Just a simple not at this time, when I know they are hiring amd need people. I was a Border patrol agent. I feel it is retaliation due to the fact that I filed before a grievance which allowed me to have facial hair in the work environment. This caused a hostile work environment and the union at the time was involved. By filing on the management team it caused for me to be black balled and treated differently. I decided after 1 month to drop the grievance which I had won and simply get back to work. Now that I left and trying to return those same individuals won't let me retun. Can I file suit?

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

15,038 satisfied customers
My company is being bought out & we will transition to the

My company is being bought out & we will transition to the new company in about 6 weeks. I am presently a manager (exempt). The new company needs me to help them get thru the "transition" and I will remain a manager until they officially take over. However, they plan to change my job title to "coordinator" (a lesser title/demotion). However, my responsibilities will actually increase, the pay rate may or may not be the same ("may be slightly less"). It may change from salary to hourly.Essentially, on the date of the takeover, my present job as manager will end.If I do not accept the demotion, would it be considered voluntary termination, or would it be a lay-off due to my present position being eliminated?Would I be eligible for unemployment benefits?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
I was given my first "below standard" performance rating in

I was given my first "below standard" performance rating in 18 years with the company. (I feel this was unfair, but that is another topic). I'm a mid-level manager. Incidentally, the company has also entered into a cost cutting cycle, and they are offering a Voluntary Separation Agreement Package. Those not eligible are those of c-level 43 and higher, I am C-41, or those who didn't at least get an "at standard" or above rating on their last performance review. (C-levels are our pay scales)I am not eligible due to the rating of "below standard". They sent a memo out to those over 40 in the company detailing the separation agreement and bulleted the ineligibility rules as I stated above. They followed that with a table of all employees in the company that showed their title, age, and a "yes" or "no" for whether or not they are eligible for the VSA. It did not have names, but we are a company of only 300, and many have unique titles, such as myself. I obviously had a "no" under eligibility due to the performance rating. Since everyone in the company knows I am not at a pay level of c-43 or higher just based on our org chart, everyone now knows I had a below standard performance rating! My own employees, and a few co-workers have consoled me on the fact that 1) I received a below standard rating and 2) that the whole company now knows. Thus, it's not just paranoia on my part that the rest of the company will know this, it is an actual verifiable affect of this company wide memo. Those that approached me are as incredulous as I am that they put this information out. (Also because as I suggested above, I didn't deserve the rating.)Can I file a complaint about this? Aren't performance ratings to be kept confidential?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,080 satisfied customers
Employer offered a voluntary separation program to associates

Employer offered a voluntary separation program to associates and each eligible associate was also sent an individualized package based on years of service, bonus incentive pro-rated, etc.- it was a generous financial incentive. The communication provided for 30 days to notify HR to self-identify that you would take the package. It did not in any part of the communication note "first come first served" nor did it reserve the right to rescind the package at any time or the program prior to you giving official notice. Within 4 days, the program was terminated.Can an employer do that?What are employees' rights in this case?How does OWBPA operate in this instance. The official separation agreement was not provided but general terms identified.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
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