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Severance Agreement and General Release

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  • 04-19-2019, 08:26 AM
    Racer33
    Severance Agreement and General Release
    My question involves labor and employment law for the state of: Washington

    I recently got let go from a job of 11 years. It was done over the phone and the reason given was due to business levels being slow that required restructuring in the company.

    They said I’d have a severance offer sent to my personal email. What they sent is actually a Severance agreement and General release. Basically says if I don’t talk negatively about the company or take any legal action against them I will get severance package.

    I’ve been told I was a stellar employee my entire time there. Never had any negative feedback let alone any sort of disciplinary actions. Not sure why they wouldn’t just lay me off and give me a severance.

    Is this sort of agreement normal? Should I pay to have it looked at before signing?
  • 04-19-2019, 08:34 AM
    PayrolGuy
    Re: Severance Agreement and General Release
    It is absolutely normal.

    If you don't 100% understand what is written you need to have a lawyer look at it or pass on the severance.
  • 04-19-2019, 08:37 AM
    budwad
    Re: Severance Agreement and General Release
    Quote:

    Quoting Racer33
    View Post

    They said I’d have a severance offer sent to my personal email. What they sent is actually a Severance agreement and General release. Basically says if I don’t talk negatively about the company or take any legal action against them I will get severance package.

    Did they say what the package was? If not, ask before signing.

    Quote:

    Quoting Racer33
    View Post
    Not sure why they wouldn’t just lay me off and give me a severance. ?

    That is exactly what they did. Or offered to do.

    Quote:

    Quoting Racer33
    View Post
    Is this sort of agreement normal? Should I pay to have it looked at before signing?

    You seem to understand what it says. Don't sign and you get nothing but unemployment if you apply. Sign and get whatever severance they offer you.
  • 04-19-2019, 09:23 AM
    cbg
    Re: Severance Agreement and General Release
    It is 100% normal and SOP to have the kind of general release you mention. In close to 40 years of various HR work for companies of all sizes, I have yet to see a severance package that did not include such a release.
  • 04-19-2019, 10:06 AM
    Racer33
    Re: Severance Agreement and General Release
    Quote:

    Quoting cbg
    View Post
    It is 100% normal and SOP to have the kind of general release you mention. In close to 40 years of various HR work for companies of all sizes, I have yet to see a severance package that did not include such a release.

    Thanks for the responses. I guess the words terminated and termination made it feel more like I was getting fired than laid off. Verbal communication was laid off and restructuring. The agreement is more about employment termination. I guess that's just protocol. They did say they would not challenge when I file for unemployment. There is a section in there about the "Older workers benefit protection act." The company is always very concerned about that. I feel the reason they are offering the severance is incentive for signing the agreement for peace of mind that I don't try to turn it into an age thing. I don't think that's what it is and that's not my intent.

    Anyway... Thanks for the confirmation this is normal protocol.
  • 04-19-2019, 10:09 AM
    cbg
    Re: Severance Agreement and General Release
    Any time you leave a company, it's a termination. Terminated is not a synonym for fired. A quit is a voluntary termination. Firings, layoffs, reductions in force, leaving for medical reasons, are all terminations. HR people and hiring managers all know that. They will not assume you were fired if they see the word, termination.

    But this is absolutely normal protocol. Severance rarely happens with a firing.
  • 04-19-2019, 12:43 PM
    DAWW
    Re: Severance Agreement and General Release
    Agreed with what was said but always READ THE DOCUMENT. There is nothing that says your employer cannot slide some ugly requirement in there. I have worked for bosses who would **** sheep if they thought they could get away with it.

    Do not worry about legal language (yet). Just make sure you understand what seems to be said. 9 times out 10, or maybe 99 times out of 100, a cigar is just a cigar. In my experience most HR departments do not play games but bosses do whatever bosses do

    The Boss's Law:
    - The boss is always right.
    - If you really know anything, then you would be the boss.
    - Since you are not the boss, by definition you do not know anything.
    - The boss is always right.
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