Legal Question in Employment Law in California
Fair Severence without being Manipulated or Forced into Signing Their Contract
I was let go after 27 mos. working for a major hotel chain. (19/contract 8/employee) Reason: not completing a plan. The only step left undone was a step that required the director & HR's asst. I consistantly applied effort to arrange what was necessary with them but each attempt was ignored. When I proved this their offer for 2 wks severence shot to 4 pressuring me to sign a lenghty legal aggreement waiving any and all of their responsibility & any rights I may have. I've been given 7 days to accept their offer & sign this contract. What can I legally ask for? What about losing my job, my phone, my laptop & all of it's contents, my credibility/stability, etc. I have rent & car payments. I was pd for 40 hr/wk, expected to work 50 & usually worked 60+. As a contractor I put in 10-20 hrs/wk over what I was pd for & took 1 day of vaction.(19 mos) They included only 4+ days vacation on my last check which should've been 3 wks. They shorted me one day of that week as well. Doesn't any of this count? And what about Unemployment, they are asking me to waive my rights by signing this contract. Please help.
2 Answers from Attorneys
Re: Fair Severence without being Manipulated or Forced into Signing Their Contra
You need to speak with an attorney experienced in labor law issues to determine what the status of your employment situation really was. It is unlikely that a hotel chain could have "independent contractors" working in your position. It is possible that you should have been classified as an employee and you may be eligible for all of your overtime pay, plus penalties. Before signing any waivers, speak with an attorney. Contact your local County Bar Association and ask for a referral to an attorney experienced in labor law issues.
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Re: Fair Severence without being Manipulated or Forced into Signing Their Contra
if you would an attorney to read over your agreement, along with the points you would like to have included or removed, feel free to email my office for further assistance.
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