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Ask Kristen Your Own Question
Kristen, Employment Lawyer
Category: Employment Law
Satisfied Customers: 1567
Experience:  former Employment Law Judge
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This is employment law are you able to assist me with this?

This answer was rated:

This is employment law are you able to assist me with this?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: Its a severance agreement and general release
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, in the general release of claims, it talks about release of the company's past, present, and future claims.

Hi my name is Kristen and I am the attorney who will be helping you today. Please know we can only give you legal information per site rules, and not legal advice. Engaging in this conversation in no way creates a client/attorney relationship.


Customer: replied 19 days ago.
I understand

And yes, I am an employment law attorney.

what is your question?

Customer: replied 19 days ago.
The store I was working at closed, but their parent company and other stores are still operating. I went on a leave of absence - Short term disability (STD) from March 1, 2019 - July 1, 2019. I was paid on this (STD) from March 1 - May 28th. I am contesting why I did not get paid from May 29 - June 30th.
I returned back to work July 15. The store closed and we received severance agreement and general release.
Awe, okay, your still with me.
Customer: replied 19 days ago.
With this release and severance agreement there is a clause that states:

What were the terms of your STD? Was it a 60 day policy?

Customer: replied 19 days ago.
That we agree to release the company of all past, present and future claims of the company parent affiliates, etc.
Customer: replied 19 days ago.
No the STD was from March 1 - to August 28, 2019.

yes but what were the TERMS of your policy? some policies do not pay out for that long...

not the dates you took it.

Customer: replied 19 days ago.
I will have to look that up.

example, I was put on bedrest when I had twins and I took STD for for 6 months, but they only paid for it for 3 months.

it totally depends on the terms of your policy b/c the insurance backers of the policy expect that you will also be able to use a combination of unpaid leave, sick time, and vacation time.

so before you make a big deal out of whether or not you should sign away your right to those wages, you want to make sure you are even entitled to them.

and also, is STD Policy through your company directly or a third party provider?

Customer: replied 19 days ago.
The STD has given me my 3rd opportunity to contest the dates from May 28 - June 30th.
Customer: replied 19 days ago.
A third party provider, Cigna.

If you waive claims against your company I do not see how that would prevent you from continuing your claim against CIGNA.

Customer: replied 19 days ago.
Okay, that's what I wanted to know.

phew, glad we got that firgured out.

Thank you for allowing me to help you with your <legal issue>. Your 100% satisfaction is my goal. To continue our conversation for further clarification, use the reply box below. If you are fully satisfied, please reply with a "thanks", then please rate my service with 5 stars.

Customer: replied 19 days ago.
Customer: replied 19 days ago.
5 stars

you're welcome.

Kristen and other Employment Law Specialists are ready to help you
Customer: replied 19 days ago.
Kristen gave great advice. I give this rating a 5 star rating