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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118223
Experience:  20+ Years of Employment Law Experience
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I would like to know how to have someone represent me for

Customer Question

I would like to know how to have someone represent me for signing a severance package at work under duress. Please help.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Nebraska
JA: Has anything been filed or reported?
Customer: I received a severance package and signed a piece of paper. Though felt as though if I didn't they were just going to fire me without anything. Even though there were no reasons to be fired
JA: Anything else you want the lawyer to know before I connect you?
Customer: My employer didn't make it official until November 1st because it worked out better with something with insurance. I feel I signed that severance package under extreme duress because I have 3 children at home to take care of, a house payment, 2 car payments and other bills on top of all that. My employer also n knew that I was to have a major surgery on nov 21st and would have to be off work for 6-8 weeks and I am now probably not going to be able to have this surgery because I will have no health insurance of pay.
JA: When we are ready I'll take you to the appropriate web page.
Customer: I am so overwhelmed by the whole situation and can't seem to figure out how staff in another department were at taking me verbally so I went to CEO and I'm the one who has to leave? Makes no sense to me.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months 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.
I know being fired is stressful, but legally it does not rise to the level of duress required to void a contract. Furthermore, if you were an at will employee, which is an employee who did not have a written contract to the contrary, they could fire you for no reason at all or for any reason at all not based only on your age/race/sex/disability/national origin and your only rights are to file for unemployment. Severance is not mandated by law and it is at the discretion of the employer to offer. If you accepted severance, you are generally going to be bound to that agreement, but even if you manage to get the agreement voided the employer can tell you tough luck, you are still unemployed and now have no severance and the only thing you are left with is your unemployment claim.
So, at this point, you need to consider going to file unemployment, because if you seek to void the severance, the company will not offer another one if you even manage to get it voided and you will lose even more.
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