Legal Question in Employment Law in California
Fired - Separation agreement?
I was hired 4 months ago, following a hiring process of 4 months. The job description clearly outlined their expectations and I pursued them in good faith, despite the cultural hurdles placed before me. After a few months, I was told that they did not view it as a ''good fit'' and it was decided to terminate me. No one disputes performance, it is simply a ''fit'' issue. After some discussions, I volunteered to stay on to complete some projects (and help them save face) and they offered a month's severance following the month I stayed on. They also offered a letter of recommendation and I think cordial overall. When I met with HR, they presented me with a document to sign describing the separation as a resignation (which I believe would disqualify me from unemployment) and releasing them from liability. I was given 21 days to review the document and return it. I don't see any benefit to signing it (other then the possible one month severance - though I think they would give this anyway).
1. Am I right not to sign this form?
2. Is this a reasonable separation? I feel as if it was a bait and switch hiring situation and wonder if I shouldn't negotiate for a greater severance (though within their ''probationary'' period)?
1 Answer from Attorneys
Re: Fired - Separation agreement?
You can try to negotiate for anything you want. The only valid issue raised is the request you 'resign', which will disqualify you from unemployment benefits. Get that changed and sign it to get the offered severance. You do not have a case with value sufficient to interest an attorney, as you are an 'at will' employee.
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