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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 118185
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was informed today that I would be terminated and my last

Customer Question

I was informed today that I would be terminated and my last day in the office would be this Friday, with two weeks severance. There is a separation agreement that refers to my resignation...even though I didn't resign. How will this show on my employment record?
JA: Thanks. Can you give me any more details about your issue?
Customer: The issue was performance, and the termination meeting immediately after I had a good review. There was no PIP. My manager and the HR director met with me today to discuss a "confidential separation and release agreement" and I just got the document now
JA: OK got it. Last thing — California Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
Also, is it better to resign now and lo
se my severance, or does it not matter?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You should not resign, because if you voluntarily resign they could seek to deny you unemployment for terminating your employment without good cause. So, you need to seek to change the severance to state it is not a resignation, but a termination. As far as your future employment, most employers only release whether or not you were an employee, but legally an employer can release the true reason for your termination and you cannot stop them from doing so unless you add a clause in the severance that states they will not make any negative comments about you to any prospective employers.
Severance agreements, while under the control of the employer, can still be negotiated a bit with the employer to get some changes and you need to do so in this instance.