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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42183
Experience:  30 years in Employment law
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I'm going in to be fired and receive severance payment. They

Customer Question

I'm going in to be fired and receive severance payment. They want me to go in to collect the check and sign and agreement to keep everything confidential and all the abuse I've been through to be covered up. Is this document a legal practice? Can I request a copy once I sign and are they legally responsible to provide me with the signed copy??
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Customer: replied 8 months ago.
Okay. I go in at 10am. It's 9:30 now.
Customer: replied 8 months ago.
Also my name is*****! Let me know as soon as you can.
Expert:  Ray replied 8 months ago.

This is standard to offer severance and have you sign a waiver and settlement of claims.You don't have to take the offer if you want to sue them for say wrongful termination.You also have the right to negotiate, see if the document allow you to file for UI benefits and the employer agrees they will not oppose.Thats important to you to give you income while you look for work.Neither federal or state law here requires them to pay you severance so you can negotiate but know there is no requirement for it.

Customer: replied 8 months ago.
perhaps they are giving me the best option.
Expert:  Ray replied 8 months ago.

And yes I would insist on a signed copy for your files, they owe you this much too here.You decide if you want to sue or sign.Those are pretty much the options.If you sign here it is real hard to sue them.Take the money here if you need it badly ask about UI benefits and have something added they will not oppose.

Customer: replied 8 months ago.
There's no full proof of abuse. Just nasty cursing text messages stuff like that. She's told me she hates me. We were like best friends for years until she hired a stripper midget for my birthday at work in front of my peers to embarrass me. She always did stuff like this
Customer: replied 8 months ago.
I talked to one lawyer and he was like you have nothing. She never threatened you / executives can get away with whatever they want
Customer: replied 8 months ago.
after I receive this severance I cannot sue?
Expert:  Ray replied 8 months ago.

It is important you could get up to 26 weeks UI here assuming you have enough wages on file.See if you can get a UI paragraph added they will not oppose or if it is in there already, read it.No real hard to sue after you sign this thats why they offer severance.

I appreciate the chance to help you.

Expert:  Ray replied 8 months ago.

You are able to negotiate terms , ask for more money UI paragraph that they will not oppose here.

Expert:  Ray replied 8 months ago.

Thanks again if you can positive rate 5 stars it is much appreciated.

Expert:  Ray replied 8 months ago.

I wish you the best, ***** ***** are having to deal with this.