California Employment Law

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I was informed today that I would be terminated and my last…

Customer Question
I was informed today...

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?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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

Submitted: 2 years ago.Category: California Employment Law
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Customer reply replied 2 years ago
Also, is it better to resign now and lo
se my severance, or does it not matter?
Answered in 1 hour by:
3/1/2016
California Employment Lawyer: PaulmoJD, Attorney replied 2 years ago
PaulmoJD
PaulmoJD, Attorney
Category: California Employment Law
Satisfied Customers: 126,828
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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.
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