Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer, Get an Answer ASAP!

Questions about Voluntary Separation Program

A lawyer explaining voluntary separation to a client A voluntary separation package can have many benefits. However, it is important to read through the paperwork carefully to ensure that it is designed to suit the employee’s best interests. Employment Lawyers on JustAnswer can help you with your questions regarding voluntary separation packages quickly and easily. Write to them for legal expertise now. Listed below are some of the top questions on voluntary separation packages answered by the Lawyers.

I have just received what looks like a good voluntary separation package from my company. I’d like an attorney to review it to ensure that it does not have any requirements that do not benefit me. Where can I find one who has expertise in this area?

You will need the services of an employment law attorney who will be able to review your case and offer expert advice. You can find a good one at www.martindale.com or www.lawyers.com. You can also write to Employment Lawyers on JustAnswer with details of your case if you need further clarifications.

As a post employment incentive, my company has asked me to sign a waiver form indicating that I would like to receive 20k cash payment as part of a voluntary separation incentive program. I’m also being asked to “release the County from all known and unknown claims you may have against the County, which arose or could have arisen out of your employment or resignation of employment with the County." There is a lawsuit versus the County with regard to medical benefits post retirement. I am a part of that and would like to know if I would be included in that settlement?

When you sign a waiver form in return for cash payment, you are actually settling the lawsuit and the county will have no liability towards you for their actions. You would need to assess the situation and understand if the 20k being given to you would be more than you would be obliged to get in any settlement. You could ask Employment Lawyers on JustAnswer for more information by presenting your case in greater detail.

I am concerned with a clause in my separation agreement that says that “the parties agree that Employee ended her employment with Company effective 19 June 2009.” I would like to know if I am still eligible to collect unemployment and to receive my COBRA benefit and 401k?

This clause could be interpreted to mean that you quit the company. Therefore, it is likely that it could prevent you from receiving unemployment benefits. If these benefits are important to you, try and bring in a clause that states that the employer let you go from employment due to no fault of yours. However, you should still be eligible to receive COBRA and 401k.

I am considering a voluntary separation package. About 7 years ago, at a team building offsite, I injured my back and ruptured 2 discs. I still suffer from back pain and some numbness in my foot. This injury is on record and was filed as a worker’s compensation claim. I want to know whether it would be smart to sign the separation release contract and release the company of all liability with regard to this. If I decide to let go of the package and get separated involuntarily, can I hold the company liable for this medical problem which will probably become worse in the future?

To begin with, severance is more a business practice than a legal requirement. If you choose not to sign the release, there is every chance that your employer will not offer you the package. Most organizations will ask for a general release of all claims spanning your entire employment period. In case you decide not to take the package, you could sue your employer. However, you may not have enough grounds to do so since your claim has been handled by worker’s compensation and in any case would be time-barred. It is in your best interest to consider the package and negotiate with your employer regarding this issue. If you have more questions with regards to this case, ask Employment Lawyers on JustAnswer for more legal advice.

There are many reasons why employees would choose voluntary separation packages. Yet, understanding all the implications and reviewing them properly can help you avoid unnecessary misunderstandings with your employer later on. Employment Lawyers on JustAnswer can address all your questions on voluntary separation at affordable rates. Contact them now.
Please type your question in the field below

3 verified Employment Lawyers are online now

Employment Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Tina

Lawyer

Doctoral Degree

★★★★★
8184 positive reviews
Online
Allen M., Esq.

Employment Lawyer

Juris Doctor, Cum Laude

★★★★★
12528 positive reviews
Online
Marsha411JD

Lawyer

Doctoral Degree

★★★★★
12281 positive reviews
See all Employment Lawyers
JustAnswer in the news:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.