Legal Question in Employment Law in California

Re: SF Bay Area: ERISA/Severance Pay

That's your decision, someone else can't answer for you.

ERISA's had a "same desk rule" that generally says if you are doing the same job for essentially the same org. you never left your original employer. I have no idea if your severance and/or vacation pay plans are ERISA plans. I guess what the sev/vacation "plans" docs say or don't say might give you something firm to consider.

You have to decide whether there's enough in play to warrant paying an attorney getting involved or putting the present offer at some risk. Good luck.

Re: SF Bay Area: ERISA/Severance Pay

Let me see if I understand correctly. You were okay with compromising for the additional 2.5 weeks of severance until they asked you to sign a release of all claims. Do you believe you have other legal claims you are giving up if you sign? If so, and those claims are more valuable to you than the balance of the severance, then don't sign.

But if you have been fully paid your wages, don't have any work related injuries, were not discriminated against or wrongfully fired, what is the problem?

Releases are rountinely required by employers when they pay severance. It doesn't necessarily mean they beleieve they have done something wrong, it is simply a way to tie up loose ends and not have to worry about employees bringing lawsuits against them a year or two down the road.

Of course, it would help to have the agreement and the severance plan reviewed by an attorney to determine if it is a fixed plan governed by a federal law known as ERISA, or simply a standard general release in return for payment of some severance. But litigation is expensive, so the amount of money better be worth it to justify your "fight" for the full 6 weeks.

Re: SF Bay Area: ERISA/Severance Pay

The only additional information I can provide beyond that given to you in prior answers is that the release language applying to "worker's comp" may not be enforceable. Any compromise of workers compensation injury claims must be approved by a Worker's Compensation Appeals Board judge. However, it would be worth the consultation fee to discuss your situation in depth with an employee rights attorney before making the final decision. If you're over 40 years of age, you probably have 21 days from the time they gave you the agreement to see consultation.