Laid Of, Severance and rights

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jp27jojo

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I am hoping you can provide me with some advice.

I am being laid off from my current employer and was presented with a severance agreement that states "termination" vs. "laid off" with 3 weeks of severance and health benefits paid until June 08. Should the agreement state 'laid off" vs. termination. I was verbally told I was being laid off due to budget cuts.

Additionally, I am being provided 7 days to sign this document.

I do have concerns about the following.

1. Upon initial interview I was offered a different position than the one applied for. Upon first day of orientation, the job description included tasks that I would never undertake and was informed of this verbally by my boss. Regardless of my experience and education, I was provided with tasks that were below my capabilities and rarely challenged or given opportunity for advancement, even though during the interview I was told the bank was growing and opportunities for advancement would arise as a result.
2. Other person hired is visually handicapped and is a personal friend of the boss. I was ignored and kept out of our department loop throughout my duration of employment of 3 years. However, my role in the company focused more on working with business units which is where I focused my energies.
4. Additionally, on a few occasions, assignments given to me through my boss were never communicated and I was informed by another management employee that a senior manager assigned me certain duties.
5. Bank continued to construct two new buildings and remodel an operations area in 2008. Costs may have reduced lay offs and reduced hours for hourly employees, however Board members contracted for building and landscaping were completing work.
6. Most employees hired over the past two years have been former employees of a bank where our human resources director and senior vice president were formerly employed.
7. After a medical leave that started with 6 weeks from 12/08 thru 2/08 and ended with another 6 wks from 4/08 thru 6/08. Upon return, I was informed that some of the duties I had been formerly performing were added to another employee's job description and other responsibilities were being lessened and access levels reduced. While I was requested to be back up for this person, I was never provided authority or access to fully perform this function. Furthermore, after my return I notified my manager and Human Resources of a reaction to paint fumes that had occured on 2 separate occasions and requested not to relocate to a new building until the painting, staining and gluing were completed. After this, additional responsiblities were dispersed to various business units and while I may have been contacted for advice, I was no longer responsible for support.
8. During this time, I did not receive an updated job description.
9. While my boss rarely spoke to me, reviews included comments regarding coming in early to accomodate family emergencies due to my minor son being admitted to an emergency room and my father in law having a heart attack, during which time my mother in law was watching my toddler - both which required me to leave work in the afternoon. I was never requested to make up the time as a salary employee, however it showed on my review at the end of the year.

I would appreciate your confidential feedback.
 
Since you did not indicate your State, I shall assume you live in an "at will" state. Thus terminology does not matter as they can let you go, fire you, terminate your employment, lay you off, etc. etc. for any reason other than discrimination.

When you file for unemployment, that is when it will make a difference if you were "laid off" or fired due to reason.

I briefed your other concern and did not view any legal aspect. The bank is entitled to hire, fire, and conduct their business in any manner they desire as long as they do not discriminate per Title VII of the Civil Rights Act.

Any concerns you may have had are now mute since you are now no longer employed there.

8. During this time, I did not receive an updated job description.
9. While my boss rarely spoke to me, reviews included comments regarding coming in early to accomodate family emergencies due to my minor son being admitted to an emergency room and my father in law having a heart attack, during which time my mother in law was watching my toddler - both which required me to leave work in the afternoon. I was never requested to make up the time as a salary employee, however it showed on my review at the end of the year.
Concerns such as these should have been brought to the employer's attention when you were employed and not after you are terminated.
 
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