Terminated now have to sign papers

[mmartini]

My jurisdiction is: new york

Last week I was terminated from my job. I was told it was due to budgetary issues, which I understand. I was waiting for some word on severance pay, incentive pay etc when the company handed me some papers to sign. Basically they have given me paper work with allot of legal mumble. In the first paragraph it states they terminated me but then the next paragraph says if I sign this I'm agreeing to say I resigned. It also states all kind of things like I can't metnion to anyone about this agreement, I forfeit any right to vacation accrued time, accrued sick time etc. They are offering aprox $900 severance when in fact it should be aprox $2000. I also beleive if I sign this they will refuse to pay unemployment because I will have "stated" I resigned. I worked for this company for over a year, It is a hotel that I helped open and I was the Assistant General Manager. What should I do?

 

[Theresagail]

Not sign it and file unemployment--your thoughts are right they want you to sign it stating you left the company

 

[cbg]

They don't get to decide whether you get unemployment or not; that decision belongs SOLELY to the state.

But don't sign anything at all without showing it to an attorney.

 

[Theresagail]

The state decides based on what the employer tells them-- you can appeal it and all parties involved will have a hearing and they will show the state the form you signed

 

[cbg]

The state decides based on what the employer AND THE EMPLOYEE tell them. And unemployment in all states is geared to benefit the employee, not the employer. In the case of a tie, the decision goes to the employee.

It is not possible to sign away your right to unemployment. The employer would have to show by way of clear and convincing evidence that the employee was guilty of misconduct or that they resigned - something that would not hold water the minute the employee showed the ALJ a copy of the agreement being described.

 

[mmartini]

So your saying it would be okay to sign this paper and still file for unemployment? I also feel they are doing this so that if or when they replace the position i can't fight them over it

 

[cbg]

I don't think you should sign anything until an attorney has reviewed it. It sounds like there are more issues than unemployment involved.

But your right to file for unemployment is protected by law, and the burden of proof that you do not qualify is on the employer.

 

[mmartini]

The papaers say i have 7 days to revoke my decision after accepting the amount they offer. Do you think it would be smart to accept the check then if a lawyer reccomends recind my decision??

 

[cbg]

No, I think it would be smart to show it to a lawyer before you sign.