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Can your employer give you a deadline of only 7 days to sign…

Customer Question
Can your employer give...

Can your employer give you a deadline of only 7 days to sign your severance pay package?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, with overtime available, but not sure if son signed at will papers at employment. There were OSCHA discrepancies at his job as a welder and just seems to me if they are trying to get him to hurry to sign papers. His family has been in the rushed to the hospital within the last 7 days and impossible for him to read the 15 pages of paperwork to understand. My husband was given 45 days to sign severance pay package. They gave 7 days. Tuesday pm to Tuesday tomorrow, and the weekend in between was at the hospital twice

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
9/19/2017
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Customer reply replied 8 months ago
No thank you. just text thanks.
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

Your question: "Can your employer give you a deadline of only 7 days to sign your severance pay package?"

Answer:

There is no law stating that an employer in California must give any certain amount of time to review a severance agreement and in fact there is no law requiring that an employer provide a severance package. For the employers who do choose to provide one it has been my experience they usually give three days at the most to review the agreement and so 7 days is actually must more time than is normal.

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Customer reply replied 8 months ago
Okay. If you know the company has not obeyed safety laws for a welder and the company has not had the correct ventiliation etc in the building, we shouldn't assume that they are trying to rush the system?Since we have been at the hospital all week with flu issues with family, I am afraid to have son sign severance package without having a chance to ask questions. If he signs the agreement in haste, is company still obligated to answer his questions regarding the package after he signs?
Customer reply replied 8 months ago
actually, maybe worth switching to phone call. LOL. I'll pay the $59 in total for your answers to questions?
Customer reply replied 8 months ago
or is that just advertising gimic not related.
Customer reply replied 8 months ago
ignore my questions about talking. just saw text that you don't participate in that. Okay
Customer reply replied 8 months ago
If my son signs the agreement whenhasn't had a chance to review it because his family's been in the hospital, does the employers still have an obligation to answer the questions after he signs the severance package?
Customer reply replied 8 months ago
Hi are you still able to answer or only 1 question that's it. Not 30 min?
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

The answer to the first question is No. 7 days is not rushing the system. On your second question, the employee can ask questions afterwards but there is no obligation for the employer to answer those questions. What he should do is take the severance documents to a local attorney and let the attorney review them and then interview him. That way he will have someone

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Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

AGAIN PLEASE ALLOW ME TIME TO ANSWER YOU QUESTIONS.

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Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

That way he will have someone who is concerned with his best interest looking the over the document. Most severance agreements state that by signing the employee acknowledges that they have had the opportunity to have an attorney review the documents, but it just refers to the opportunity not whether anyone actually did review them.

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Customer reply replied 8 months ago
Is there a law regarding how the severance pay should be delivered, as in a pay off in a lump sum, versus bi monthly paychecks? Don't you get hit by more taxes taken out if given a large lump sum? And if you were allowed to get overtime during your pay week, you can't ask them to take that into account for more money?
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

No. Since there is no law requiring employers to give a severance at all there is no law that it be paid in a certain way.

And certainly he can ask for additional money but there is no way to force them to give it and I've seen employer's offers being withdrawn because the employee goes over the time limit to sign or the employer just doesn't feel like dealing with them any more. This is more common in a small company than a large one.

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Customer reply replied 8 months ago
thanks
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

You are very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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