Severance Offered

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truthbtold

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Hi. My company's business is struggling and they have offered a buyout package to ALL employees. They want over 40 to accept it. If they don't succeed, layoffs will follow. Little acceptance is expected. This is a one-size-fits-all package that must be signed by 12/21. The financial portion is 2 weeks per year worked, maximum 26 weeks. We were each given paparwork with our figures. They will pay for unused vacation under separate cover. If accepted, there is a 7-day revocation period by either party. At the end of the period, the employee will be told the final day of work. I believe that in most cases this will be 12/29 (assuming a 12/21 signing).

I want to point out that a sweet offer was made in '08 for employees eligible only if certain criteria were met. The goal was 20, the offer was 2 weeks per year worked with NO MAX, and only 8 accepted. I was NOT eligible for that offer.

I'm 44 and the job is a dead end street. I believe my only career choice is to accept the buyout and move on. However, this offer only gives me credit for 13 of my 20 years with the company. I'm not liking that part, especially since I was not eligible for the sweeter offer of '08.

My questions are:
1) How likely is it that I may be able to negotiate a more palatable 40 weeks of severance pay? I'm thinking that since it's my first offer, and that since acceptance will be low, that maybe I have a shot? Also, I'm thinking it SHOULD be better for the company to offer me a better package voluntarily and confidentially with no unemployment compensation, than to lay someone else off, which will cause that employee distress, open the company up to a possible lawsuit, and result in unemployment compensation.
2) Is it recommended that I put my "counter-offer" in writing?
3) I acquire 4 weeks vacation at the conclusion of 2009. I expect to be let go 12/29. How likely is it that those 4 weeks will be included in that check under separate cover? Shouldn't I negotiate that as well? After all, to lose 4 weeks vacation pay by 2 days would be upsetting.
4) I get a Christmas bonus on 12/23. Should I assume that I'll automatically still get it, or should that be included in my letter?

Thanks so much in advance for any opinions and suggestions!
 
Wow, Patricia, you're everywhere!

I got 1 good opinion so far. Thanks for leading me to it. Is there anyone here who can share their knowledge or experience with buyout offers and potential employee/employer discussions?
 
I gave it to you already. Twice. But you didn't like MY answer since it doesn't suggest that you have any grounds to hold up the employer for more money.
 
Patricia...I've had a few more opinions now, I see, but not all that many. And NONE on this board. I see that you, cbg, and myself are everywhere. Let's not assume EVERYONE is EVERYWHERE. I have also taken into consideration ALL responses I received. It's not a matter of liking. It's a matter of appreciating opinion and those taking the time to give theirs.

cbg...Where does it say that I don't like your answers? I've put consideration into and have appreciated all your responses, as "devil's advocate" as they are. And saying that I'm looking to "hold up" my employer is very unprofessional and out of line. But I'm used to that from you. I try to ignore it. When you have a choice, your preference is to take the "rude" route in otherwise respectful and insightful dialogue. If there is so much "corporate" in you that it makes you biased, or if it makes these discussions uncomfortable for you, then you shouldn't respond at all... Unless you're paid per post. A corporate figurehead with a "the company is always right, our lawyers said so" attitude is NOT what posters on these boards are looking for. Insight is good, in favor or not. Poor attitude isn't.
 
Believe me, I am not playing devil's advocate. I do not believe that you have a leg to stand on and I've told you why. An additional 14 weeks of severance for no other reason than that you will then leave voluntarily IS, in my opinion, a hold up. If my holding an opinion different than your own and expressing is is rude, then so be it.
 
mcarson87...It's been a problem on these boards for many years. I still come on because every now and then, someone will reply with respectful insight. You kind of have to take with "a grain of salt" those who come on here to talk down to people. They are active, and they do respond, however. They just offer their opinion with a very poor attitude, and sometimes little substance.

Just take it all in, but consider the source!
 
The moderators are not rude; they are telling the truth. This is not a feel good forum. This is for legal advice.
 
My questions are:
2) Is it recommended that I put my "counter-offer" in writing?

Run this by an attorney if your entitled to a counter offer. He may take the case to get a better offer. Or he may not, but he may suggest a reasonable counter offer.
 
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