Normal Severance?

New / Other
Tzal02

New Other

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Blue Cross Blue Shield
Tzal02more
Jun 1, 2018 22 Comments

First time fired yay. I got my cherry popped.

They sent my severance papers a day later than expected, and in reading it, the terms seem to be, which I expected most of:
- no lawsuits for any reason
- both agreed it was a professional and mutual decision.
- 1 month pay, minus unsubsidized healthcare, so more like one half month pay and other deductibles.

They put the wrong name on the papers, but the correct name on the salutation, so I don't even know if I want to sign it. I assume the lawyer will tell me on Monday not to.

They know I'm not driving bc narcolepsy, so I can't go in person to get unemployment, and because of the day fired, I would have to wait until next Thursday to do it by phone.

I suspect not signing this will mean them causing issues with unemployment, considering how shitty they treated me at that last meeting (hence lawyer, bless whoever on here recommended I call early before getting fired).

Just wondering:
1) for 4 years with 4 perfect reviews, is 1 month pay when being fired for not being able to drive even appropriate? (to a qa job where all the work is done over the internet, even when in office)
2) is it common for HR to fuck around with you by getting you fired on coincidentally the right day, and somewhat offensively screw up the severance paperwork?
3) I'm assuming the raising the voice stern rebuke of "you could make it in and you are willfully refusing" after documentation that I can't is either stupid or they are counting on me being stupid?
4) I guess I'm already in violation of agreeing that there was never an agreement and not discussing the terms but... This is kinda fucked up.

Fwiw, Ive been getting written recommends from almost every non-exec person in the company, so that's going well at least. And I just cashed out the 401k just in case I find myself without unemployment 😁

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TOP 22 Comments
  • Microsoft / Eng
    Weecho

    Microsoft Eng

    PRE
    Amazon, Google
    Weechomore
    I’m confused - were you fired or laid off? Most folks don’t get shit when fired
    Jun 1, 2018 3
    • Microsoft sqiF24
      Sounds like a voluntary separation. AKA, we will fire you if you refuse, but this is easier for us from a legal standpoint. Take the offer and go.
      Jun 1, 2018
    • New / Eng
      Luffy, M.D

      New Eng

      PRE
      Facebook
      BIO
      Prematurely grumpy old man
      Luffy, M.Dmore
      "Layoff" often is specific to a group being let go. "Fired" is reasonable to use for being let go individual ly without formal cause.

      For that matter, companies will often give some severance when they have some cause but some concern over drama or lawsuit risk because it lets them tie the severance to a "don't sue us" agreement
      Jun 1, 2018
    • New / Other
      Tzal02

      New Other

      PRE
      Blue Cross Blue Shield
      Tzal02more
      OP
      That would explain why someone else didn't get any of this: the part where they responded to my request by adding extra days to be in the office would be the suing concern.
      I'm assuming fired or laid off depends on if I sign the agreement or not? I didn't get escorted out at least 😁
      Jun 1, 2018
  • Proofpoint (+_+)
    You could sue them for discrimination and that they did not provide reasonable accommodation. Your lawyer can advise.
    Jun 1, 2018 3
    • New / Other
      Tzal02

      New Other

      PRE
      Blue Cross Blue Shield
      Tzal02more
      OP
      I'll find out when I meet with him on Monday.
      Figured if I'm going to pay for time, I may as well ask all the questions. ¯\_(ツ)_/¯
      Jun 1, 2018
    • Proofpoint (+_+)
      Don't sign anything without your lawyer telling you ok
      Jun 1, 2018
    • New / Other
      Tzal02

      New Other

      PRE
      Blue Cross Blue Shield
      Tzal02more
      OP
      Waiting seems safest.🤞🏻
      Jun 1, 2018
  • Amazon CH4
    If it's true that you have 4 good reviews and you have them written, a lawyer could build a case on violation of covenant of good faith and fair dealing. It's an exception to at will in CA.
    Jun 2, 2018 1
    • New / Other
      Tzal02

      New Other

      PRE
      Blue Cross Blue Shield
      Tzal02more
      OP
      Printing them now. I'll bring them with me tomorrow, thanks!
      Jun 3, 2018
  • Apple NotAMurloc
    Amazon?
    Jun 1, 2018 1
    • New / Other
      Tzal02

      New Other

      PRE
      Blue Cross Blue Shield
      Tzal02more
      OP
      First good laugh I got all day. 😁
      I avoided Amazon for similar reasons.
      Jun 1, 2018
  • Dude. You are not fired. You are laid off. It's okay man. Things some times dont work out over time for many reasons... if they dont like you, get as much severance and leave. Always find a place where they appreciate tou
    Jun 1, 2018 1
    • New / Other
      Tzal02

      New Other

      PRE
      Blue Cross Blue Shield
      Tzal02more
      OP
      Assuming they let me get unemployment if I don't sign the severance? 😁
      Jun 1, 2018
  • New / Eng
    Luffy, M.D

    New Eng

    PRE
    Facebook
    BIO
    Prematurely grumpy old man
    Luffy, M.Dmore
    I got let go similarly as a bad fit, and got severance even though they didn't have to (being over 40 helped, they were clearly worried about an age discrimination lawsuit) ... funny part the bad fit was mutual and I literally considered offering to resign just to have more time to look for my next job.

    In their case given the disability issue and the fact that they seemed to be unwilling to consider accommodation, I would think twice and do what the OP is doing about consulting a lawyer before signing anything.
    Jun 1, 2018 1
    • New WwOA53
      Would you mind sharing what kind of severance you received? How many weeks pay? Health insurance etc?
      Dec 14, 2018
  • Lyft lolissi
    Nacrolepsy? get a better lawyer, someone who can frame it as discrimination against people with disabilities. the laws governing this area are extreme.
    And don't sign anything.
    Jun 2, 2018 0
  • Citrix Systems ujrott
    You were, as we say, "packaged out."
    Jun 28, 2018 1
    • New / Other
      Tzal02

      New Other

      PRE
      Blue Cross Blue Shield
      Tzal02more
      OP
      In a tiny little box
      Jun 28, 2018
  • TI / Product IOlOl0
    One month seems low, I know new college grads that worked for 3-4 months at TI that get 2-3 months of severance for a ‘mutual parting’ due to performance
    Jun 1, 2018 0
  • Akamai Technologies lifeuno
    How much does a lawyer to review severance or mutual separation cost?
    Jun 24 0
  • New / Other
    Tzal02

    New Other

    PRE
    Blue Cross Blue Shield
    Tzal02more
    OP
    So for an update, waiting on a response to demand letter, which points out that it was put in writing. Ooops. :) the suggestion was to settle, and throw in a little extra so they don't try to go to low and to make court more unappealing(fired before giving documentation, running some of their services still ooops etc).

    Thanks all for the advice. I took many of the suggestions here. :)
    Jun 28, 2018 0