NCarolina Severance, Unemploy Benefits, Sick time accumulation

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gwclegg

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I was laid off Dec. 7, 2007 (home building industry), and given a severance Agreement document at that time. I was actually very happy that this happened as I was ready for the next phase of my life and the industry and company are going through tough times.
Basically, I was given 2 weeks pay for each year served (7 yrs) = 14 weeks.
My final pay check included my accumulated vacation days.
Severance checks commensed once I signed the Agreement, which I signed, on Dec. 30th, 2007 and faxed and mailed to Company.

Question 1) I had accumulated 104 hours of sick time which I was not paid for yet feel I earned and that benefited the company because of my attendance. Company policy is use it or loose it. What is State (North Carolina)and Federal laws on sick time? To me I feel that I earned that time and it is a Benefit of my employment

Question 2) I have visited the North Carolina Employment Security Commission web site and in regards to qualifying for benefits, I do qualify for benefits if I am enrolled in an accredited educational/training program even if I am receiving a severance.
Well, I have signed up for a course which qualifys me for benefits, but I am hesitant to apply for benefits because I do not want to jepordize my severance and I am unsure of the language in the Agreement with my ex-Company. In particular item 3 in the Agreement. I will paste the Agreement and blank out Company name.
My question before I paste, do I or should I worry about having my severance revoked or ceased if i file for benefits and recieve them while recieving a severance?

***

Separation Agreement and General Release

This Agreement between Company Name, Inc. (The Company) and you, My Name, sets forth the terms and conditions of your separation of employment with the Company.

1. Your termination from the company will be effective as of December 7, 2007.

2. You will recieve severance pay inb the gross amount of $19,788.46 (14 weeks pay), less taxes and other deductions required by law. Your severance pay will be paid to you in installments equal to your normal paycheck, after complete execution hereof, in accordance with the regular pay schedule. Company Name shall also pay your COBRA premiums through January 31, 2008. Please note, however, that it is the Company's policy that all employees who recieve severance pay execute this Agreement as a condition of recieving such payments.

3. In consideration of the Company's payment set forth in Paragraph 2 above, you agree to release and forever discharge the Company and its affilliated companies, their officers, employees, agents and shareholders, to the extent permitted by law, of and from any and all claims and causes of action whatsoever in law, in equity or before any administrative agencies, through the present date, including but not limited to the following:
any claims arising out of your employment with and/or termination of employmentfrom the Company;
any claims for unpaid wages, bonuses, benefits, or other compensation;
any claims arising out of or relating to any agreements between you and the Company;
and any claims for discrimination based upon age, sex, race, religion, handicap, citizenship, national origin or any other factor prohibited by Federal, State or Local law (such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act and Older Worker Benfit Protection Act)

In further consideration of the Company's payment to you set forth in Paragragh 2 above, you also agree that for a period of (2) years following termination of your employment with the Company for any reason, you will not diorectly or indirectly solicit any employee of the Company to leave the employ of the Company and seek employment elsewhere. You acknowledge and agree that if you violate any of the terms of this agreement, the Company may immediately terminate the payment set forth in Paragraph 2 above and/or take legal action against you and you will be responsible for reimbursement of any payment made under Paragraph 2 above and any costs, including legal fees incurred by the Company in attempting to enforce this Agreement.

Neither yourself nor the Company, through its officers and directors operating in their official capacity, will hereafter disparage, malign, publicly criticize or negatively comment upon, in any fashion whatever, either party, the conduct of either party or the Company's personel, your employment with the Company to any third party related to the conduct, actions, or inactions of the Company.

In the event that any provision in this Agreement is determined to be invalid or unenforceable by any court of competent jurisdiction, and cannot be modified to be enforceable, the affected provision(s) shall be stricken from the Agreement, and the remaining terms of the Agreement and its enforceability shall remain unaffected thereby.

Please take the time you need to consider the Company's offer contained in this Agreement. We advise you to consult with an attourney prior to signing this Agreement. You are not required to respond to the Company's offer prior to January 21, 2008. For a period of 7 days following the date you sign this Agreement, you have the right to revoke it for any reason whatsoever by giving written notice to the Company. This Agreement will not be legally binding on you until the revocation period has expired.

Please note that by signing this Agreement, you do not waive any rights or claims you may have against the Company that may arise after the date you sign this Agreement.

If you agree to the terms set forth above, please sign this Agreement in the space provided below. By signing below, you are acknowledging that you have completely read this Agreement and that you fully understand and voluntarily accept the terms and conditions of this Agreement. You also agree to keep the terms of this Agreement confidential and not disclose such terms to any other person. You further ackowledge that this document constitutes the entire Agreement between you and the Company regarding your separation from employment.


***
I signed and dated Dec 30, 2007. Faxed and Mailed

Again, it is 3 above that conceme if I should file now
Thank you for your help and assistance.

gwclegg
 
I'm not touching your second question and I don't believe anyone who is not an NC lawyer should do so.

However, I can tell you that neither Federal nor North Carolina law (nor the law of any other state I know of) requires that unused sick time be paid out. Sick time is granted for one purpose and one purpose only; to keep your paycheck whole if you are sick. It is not a cumulative benefit that you are entitled to outside the initial purpose.
 
OK... what a shame. I am a good employee, I attend work and don't use or abuse my sick days off (so many employees do, you know) and yet I loose them...
Very well... I can and will live with that.

Why no opinion on my Separation Agreement?
Right here in this link is the NC Employment Security Commission's discussion of severance and eligabilty for unemployment benefits... see the NOTE:
http://www.ncesc.com/individual/UI/UiClaims3.asp

I am eligible and I am receiving severance.
But I fear that if I apply that section 3 by my former employer may cause them to cease my severance.

Hey, I am almost 50 years old now. They put a lesser paid person in my spot that has hardly the experience or capabilities that I bring. I understand this... I'm not bitter. They are cutting costs, paring down, trying to survive and continue being viable as a business.

I am doing what I can do to increase my marketability and increase my chances at finding new work. I signed up for some courses that I believe will help me in this cause.

One more thing, they have acknowledged that they recieved my fax of my signature on the Agreement, but they have not sent me back their signature of the Agreement.

All I am asking for is your opinions here.
 
I wrote a follow-up to this post on Friday and have checked it several times and it is not posted...
Do I need to write it again?
It appeared to load and I believe it said it needed to be reviewed first.

Thanks... now let's see what happens this time
 
OK, it posted. I will write what I had written a bit later today
Thanks
Says I need to add ten characters.
Will Post later
Appreciate this
 
Ok,
First of all thanks for this site and for your response, cbg.

What a shame that my cumulative vacation time is not owed me. Funny, today I heard on the radio that sick time is owed to workers in San Francisco... must be a local law that makes this so.
I accept that I will not recieve it but I am not feeling it is fair. I am a good worker and my attendance benefited the company. Others use their sick time up and often are not sick (you know this is true)
Oh well, the policy is use it or lose it and I have lost mine.
I accept this.

In regards to the second question, why can you not give me your opinion.
I am recieving a severance and I qualify for benefits now, according to the North Carolina Employment Security Commission.
See the link and "NOTE" on linked page.
http://www.ncesc.com/individual/UI/UiClaims3.asp

Again, my concern is that if I apply for benefits, (which I legally lawfully can do and qualify for) might The Company cease paying my severance? It is item 3 in the document that concerns me.

And finally, I signed, faxed, and mailed the agreement to The Company. I know they received the fax, yet I have not received in return their signed signature on the document.

Thanks again for comments, opinions and advise.

gwclegg
 
That's right; it is a local law. A city law to be specific, not even a state law. It has nothing to do with what your employer must do. Your employer has no legal obligation to pay out unused sick time.

I cannot give you an opinion on your other question because I am not well versed in contract law in NC. I think it would be irresponsible of me to try to interpret it under those circumstances.

Nothing is stopping you from showing it to a local attorney.
 
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