Legal Question in Employment Law in California

accepting severance package vs. legal action

my boss told me that my position did not exist anymore and offered to ''stretch it out'' for a couple weeks so until I could find something else. 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.'' 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. This person was no more qualified than I am, in fact the opposite. 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.


Asked on 10/29/07, 7:10 pm

1 Answer from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: accepting severance package vs. legal action

You may wish to have an Attorney review your severance agreement before you sign it. This review would provide a better answer as to whether you are signing away your rights to sue, assuming that you have that right.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 11/04/07, 11:18 am


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