Theshortend
New Member
I received a severance agreement form and have questions about the agreement itself. I also have questions about whether or not I should take the agreement vs. pursuing legal action. Here is my situation:
Our company was recently taken over by a larger parent company and just about everyone who worked for the company has been laid off or quit. I work as a sales specialist for a luxury beauty line, training staff and providing brand/product information to our accounts in the SF Bay Area.
I was forced to fill in for a counter manager at one particular retailer of our product while she was on maternity leave. When she decided she would not return to work my boss tried to force me to take her position, which was a lesser title and would mean I would go to work for the store itself. When I refused the position my boss went on to pressure me, saying that my job as it was is no longer secure. I still didn't accept and after they hired someone for the counter manager position my boss told me that my position did not exist anymore and offered to "stretch it out" for a couple weeks to a month so until I could find something else and not to worry as she would give me plenty of notice.
She then told me I should receive a letter in the mail that would help me to use their new payroll system and to sign it and send it back immediately as "they needed it back yesterday." I checked my mail and the form was only sent two days before and it was a job offer letter to be a freelancer. I realized that if I signed it that I would be signing away any severance pay that I might have received, any vacation time I had accrued and the right to file for unemployment. I refused to sign it as I felt I was being tricked into signing my rights away and my boss told me that it would then be my last day.
When I went to work to clear out my belongings I realized that they had hired someone else to do my job, except it was now called "Account Coordinator" and serviced a slightly larger area. The person they hired was formerly a counter salesperson at the store..when the job they tried to give me was a counter manager which I was overqualified for. This person was no more qualified than I am, in fact the opposite. They told me my position didn't exist at all and never gave me the opportunity to apply for this new, equivalent position.
They have offered me 3 weeks severence plus any accrued vacation time in exchange for my silence. I am wondering if I should pursue legal action instead, as I feel they tried to trick me into signing away what is owed to me and because my position does indeed exist, though under a different title/service area.
Also, I have some questions about the document itself. I did tell a few people at work about the incident before I got the agreement by fedex, if I sign it am I liable for anything that I've already said to people? The agreement states "We hereby agree to pay for lease breakage costs and moving company fees" and I am planning to move to another city now that I am laid-off. How does this apply as it doesn't mention any conditions? It also says that by signing I am saying that I have received any payments that I am to receive, but I haven't received anything yet...including my last paycheck.
Sorry this is so long, I just wanted to relay all the important information to my case so that this could be answered efficiently. I greatly appreciate your help and advice.
Our company was recently taken over by a larger parent company and just about everyone who worked for the company has been laid off or quit. I work as a sales specialist for a luxury beauty line, training staff and providing brand/product information to our accounts in the SF Bay Area.
I was forced to fill in for a counter manager at one particular retailer of our product while she was on maternity leave. When she decided she would not return to work my boss tried to force me to take her position, which was a lesser title and would mean I would go to work for the store itself. When I refused the position my boss went on to pressure me, saying that my job as it was is no longer secure. I still didn't accept and after they hired someone for the counter manager position my boss told me that my position did not exist anymore and offered to "stretch it out" for a couple weeks to a month so until I could find something else and not to worry as she would give me plenty of notice.
She then told me I should receive a letter in the mail that would help me to use their new payroll system and to sign it and send it back immediately as "they needed it back yesterday." I checked my mail and the form was only sent two days before and it was a job offer letter to be a freelancer. I realized that if I signed it that I would be signing away any severance pay that I might have received, any vacation time I had accrued and the right to file for unemployment. I refused to sign it as I felt I was being tricked into signing my rights away and my boss told me that it would then be my last day.
When I went to work to clear out my belongings I realized that they had hired someone else to do my job, except it was now called "Account Coordinator" and serviced a slightly larger area. The person they hired was formerly a counter salesperson at the store..when the job they tried to give me was a counter manager which I was overqualified for. This person was no more qualified than I am, in fact the opposite. They told me my position didn't exist at all and never gave me the opportunity to apply for this new, equivalent position.
They have offered me 3 weeks severence plus any accrued vacation time in exchange for my silence. I am wondering if I should pursue legal action instead, as I feel they tried to trick me into signing away what is owed to me and because my position does indeed exist, though under a different title/service area.
Also, I have some questions about the document itself. I did tell a few people at work about the incident before I got the agreement by fedex, if I sign it am I liable for anything that I've already said to people? The agreement states "We hereby agree to pay for lease breakage costs and moving company fees" and I am planning to move to another city now that I am laid-off. How does this apply as it doesn't mention any conditions? It also says that by signing I am saying that I have received any payments that I am to receive, but I haven't received anything yet...including my last paycheck.
Sorry this is so long, I just wanted to relay all the important information to my case so that this could be answered efficiently. I greatly appreciate your help and advice.
