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
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