Legal Question in Employment Law in California

Severance Package, Stay Bonus, and Medical Leave

My position is not being terminated, but relocated. I have received a separation and release agreement, which I have not signed or verbally agreed to--The offer is for 3weeks severance and 12 weeks stay on bonus, I will be terminated July 31st. My doctor just put me under Medical care for 10days. Can I be terminated during this time period? Will I compromise the severance package offered by taking this time? Can I negotiate the offer during my medical leave? Additionally, the agreement requires that I waive a lot of rights to claims of unpaid wages, I just recently found out that because I am not a degreed accountant, that I can not be an exempt employee. I put in a lot of overtime and my heart and soul for this company due to deadlines etc. Is it in my best interest to not sign this agreement and seek representation for unpaid overtime wages? Even if we do not punch time clocks??

Thanks for your advice.


Asked on 4/10/03, 8:31 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Severance Package, Stay Bonus, and Medical Leave

First, start off with the understanding that employers are not legally required to pay severance or bonus, unless they are part of some written plan or as part of a WARN notice requirement. Therefore, employers generally can put any terms and conditions on the offer, as they deem appropriate. If not accepted within the time frame given (they must give you at least 21 days, if you are over 40), it can be revoked.

However, since they do not appear to be offering a generous package, you may not be losing a lot, if not accepted and may stand to gain more if you have been denied overtime, due to a misclassification on their part.

Being on medical leave is not an automatic protection for job security, but they cannot fire you due to a serious health condition if you qualify under FMLA. If your Dr. determines medical leave is necessary you probably should follow this advise and inquire of the company your FMLA eligibility.

You really should see a labor law attorney in your area to review your severance offer, and whether you are really exempt or non-exempt, as well as all other legal rights.

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Answered on 4/15/03, 12:42 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Severance Package, Stay Bonus, and Medical Leave

if you can provide our law office, via email, the terms of the agreement your company wants you to sign, we can better advise you of your rights or even represent your best legal interests on this matter. hope to hear from you soon.

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Answered on 4/14/03, 6:41 pm


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