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Well after 10 years I got fired or should I say I got my position eliminated.
They offered me a hourly position instead of my salaried one at less than half the wage and cannot guarantee full time hours. The alternative is my accrued vacation and 1 months severance which is nothing after 10 years.
I have a previous copy of the severance package explanation for my work which stated middle managemnet should get 3 weeks for every year of employment. When I told them that they claimed to know nothing of this and later claimed the policy has since been changed, it does not exist in the employee handbook nor has anyone been informed of this change.
I am upset as I have the suspicion I will get replaced solely to save money though they claim this is financial and a sudden decision, I have been aware of this for quite some time. Kiind of funny that this was an economic decision yet my immediate bosses make about 40000 a year more than I do.
There are no jobs out there for a pastry chef right now, we are all being fired, I can make it financially until Januare or Feb but then will have run out of money, I can get unemployent but that still cannot pay a mortgage and support a family. We struggle as it it so this is a huge blow to us.
Do I have a legal leg to stand on here? Sorry if my post is rambling but I do not know what to do, I do not want to sign away on anything and they are pressuring me to sign immdiately and accept the limited severance.
HELP!
I'm not a lawyer, but it sounds like you have a case. Tell them if they don't honor the 30 weeks, you're going to go to an attorney. If they don't budge, have the attorney write a threatening letter. It usually works.
Also, before anything else, compare how much you would make hourly to how much unemployment pays. Additionally, you can get UI if you're reduced from full-time to part-time to make up some of the difference. So you may want to consider working the hourly rate and taking part-time UI.
If I accept either I will be screwed, I was offered half my current salary based on it now being an hourly position for a 40 hour week, I was told there would be no promise of hours. I figure I would make more on umemployment but I would rather work, I like to work, I would go nuts sitting home all the time.
I do not have money for an attorney which is unfortunate, by the time I payed them I would still be out of $$$.
It requires review of all the documents and any disclaimer language. They could very well be right, but you also could have either a contract for severance, or at the very least allege that you relied on that written agreement. Ask for additional time to consider and see an attorney.
I'm sorry to hear this. The economy is getting to everyone. I'm not a lawyer and I've been out of HR for awhile but if I remember correctly, if they don't give you a reasonable amount of time to review the package it could be said you signed under duress. Also, if we were looking for a signed release of any wrong doing then we had to compensate the employee above and beyond the standard severance pay. The court accepts this as payment in lieu of any claims. We used to give employees 14 days to review the package and our package encouraged the employee seek legal counsel. You may have a case for the 30 weeks of Severance. I would ask for additional time to consider.
Bar Association Lawyer Referral Service - usually is 1/2 hour consult for free
Since you don't say where you live, specifically, the best I can do is tell you to google: "county" NJ Bar Association Lawyer Referral
ex: Hudson County NJ Bar Association Lawyer Referral
- if nothing pulls up, contact the
NJ Bar Association Lawyer Referral
and/or call Rutgers Law School (used to be in Newark) and ask if they have a clinic.
Please let us know what happens. Hope you've gotten the legal advice you need! BEST of luck!!!!!!!
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