Legal Question in Employment Law in New York

Hello,

I'm being forced to sign a letter of resignation that exempts my employer from any future legal action in my dismissal. They gave me the option to be terminated or resign on friday and to let them know by today or i would be terminated regardless. They added that i only get 10 days severance if I'm terminated, but 30 days if i sign the resignation letter. something is telling me not to sign it as i feel i'm being let go unfairly, but i need the 30 days pays to stay afloat. plus i don't want a termination on my record. should i sign the document. i have until the end of the day to turn it in.


Asked on 4/09/14, 10:58 am

3 Answers from Attorneys
Scott Ziegler Ziegler, Ziegler & Associates LLP

You should speak to an attorney before signing anything to see if you have a case etc. and to discuss your rights. Chris Brennan in our office would be happy to speak with you should you wish. He can be reached at 212-319-7600 ext 116

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Answered on 4/09/14, 11:03 am
John W. DeHaan DeHaanBusse LLP

If you resign, you may not be eligible to receive unemployment benefits. Are an extra 20 days of pay worth losing 26 weeks (or possibly more) of unemployment benefits?

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Answered on 4/09/14, 11:15 am
Randall Brett Law Office of Randall P. Brett

You definitely need to speak with an experienced employment law attorney before you sign anything. It appears that your employer is asking for a release of claims you may have regarding your employment in return for giving you the enhanced severance (30 days as opposed to 10 days). An attorney will discuss the facts of your employment and termination with you and review the release language in the letter. You may be giving up important rights and you need professional counsel to make an informed decision. Don't delay.

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Answered on 4/09/14, 11:44 am


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