DArtagnan2 Posted June 2, 2014 Share Posted June 2, 2014 Has anyone ever received a "Letter of release" that you had to sign in order to receive a severance package from your employer? The letter of release I am talking about states that an individual can not sue the company for any reasons, including, age, race, sex, etc. that the individual releases ANY disputes that they may have for the company by signing the release. The only way an employee gets the measly one or two weeks of severance is by signing the release. If they do not sign, they do not get the severance pay. Anyone been through this? Link to post Share on other sites
Author DArtagnan2 Posted June 2, 2014 Author Share Posted June 2, 2014 btw, I ask in this forum because this person is trying to keep a business relationship with the company because future work may come so they do not want to tarnish any relationship or good stature they have. But they do not want to sign the release as it seems unethical. Seems unethical to me too altho I am not sure if its illegal to do this. Link to post Share on other sites
d0nnivain Posted June 2, 2014 Share Posted June 2, 2014 They are very common. If you don't understand what it says, hire an employment lawyer to read it to you & explain it. Under the ADEA you have 21 days to sign it. If you think you are being wrongfully terminated do not sign it without consulting counsel because you are in essence giving up your right to sue for discrimination in the future. It's not unethical in the slightest. It's good business. 1 Link to post Share on other sites
Author DArtagnan2 Posted June 2, 2014 Author Share Posted June 2, 2014 Ok, cool. thanks I have never received one of these, it seems like "hush money" to me. Link to post Share on other sites
d0nnivain Posted June 2, 2014 Share Posted June 2, 2014 Ok, cool. thanks I have never received one of these, it seems like "hush money" to me. It is hush money. They are paying you to go away. If you think you are owed more money, don't sign. Fight them. If you are part of a RIF you probably aren't being discriminated against. The best thing you can do is hire a lawyer. Link to post Share on other sites
Author DArtagnan2 Posted June 2, 2014 Author Share Posted June 2, 2014 (edited) basically, it was a contract position that ended May20th. There was some followon work, but has not been approved by the contract end date. Some contractors were kept, some were not. Those who were not kept, were given some information about their retirement packages with the company's vendor and this letter. its not so much about money being owed as much as it would be about race or age for those who were let go and had the credentials to match or that out matched some that were kept. Out of the team of 30, (and thats just one department of the company), there were only 4 white people on the team. There has been instances of abuse, racial slurs, bullying and all sorts of wrong doing between employees and when brought to the company, nothing was done. only 1 white person was kept. In other departments, there are a total of 4 white people out of about 100 employees. Owner of the company is white, but the people who run the remote office are not. I know, a white male, or person in general, suing for wrongful termination because of their race will most likely be thrown out with laughter, but its a for sure issue in several companies I have gotten to know when I changed careers and went to this place. Especially this one. There has been talk from those who were let go who certainly had the credentials to be kept on, far more credentials then many of those who were kept. Example: The follow on work was of a technical nature and the company stated that to do the follow on work technical background and a degree was needed. Yet, several, (like 5), that were kept have no degrees and not one that was kept has any technical experience at all. Some of those let go, had Masters Degrees and 2 were strictly technical. Their degrees / certifications were technical, (Computer Science or Computer Information Systems) Im not going to sue them whether they let me go or not, thats not my style. But if I was in their place, I am not sure I would sign the severance for what it means to me. hush money because they know they are wrong. Edited June 2, 2014 by DArtagnan2 Link to post Share on other sites
Author DArtagnan2 Posted June 2, 2014 Author Share Posted June 2, 2014 btw, thanks for responding. Link to post Share on other sites
ChatroomHero Posted June 4, 2014 Share Posted June 4, 2014 Well if there was discrimination or an issue like that I would not sign it if I was seeking more in damages. However, if the person signed it they may not be entitled to money/damages anymore but if they were discriminated and it violates a law that does not excuse the company from the law. I suppose if they signed it and a law was broken it could be argued that that document was invalid. Even if they lost the ability to be compensated they could still file complaints with the Labor Relations Board etc. If it was written in the contract that severance would be paid then I would not sign and sue for the money if it wasn't paid. If it was not written in the contract and the person was not planning to go after more money, they might as well sign and take the money rather than take nothing. Link to post Share on other sites
preraph Posted June 5, 2014 Share Posted June 5, 2014 It's you signing a contract in exchange for money that you won't pursue legal action. If you have something like discrimination, sex harassment, race discrimination, age, etc. that you want to pursue, don't sign it if you haven't already, but we aware that these things are very hard to prove and could cost you a bundle in attorney fees if it failed. They might settle, though. Link to post Share on other sites
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