Buyouts and being forced to sign a statement

[daytona08]

What is the name of your state (only U.S. law)? OH

Company doing lots of layoffs in past 2 + years. Employee was offered a buyout, and she took it. Was told that in order for her to accept the buy out, she HAD to sign a statement paper that she WOULD NOT go to the media, a lawyer or fight the termination, etc. (At this particular company, if you are asked to take the buy out and don't you were pretty much guaranteed to eventually get laid off). The person told several empoyees about the paper she had to sign. Is this legal. Can an employer make you sign something that says you will NOT conult an attorney to make sure things were done fairly and legally?

 

[LeeHarveyBlotto]

No, they can't make you sign anything, but neither do they have to give you the buyout.

 

[Yertle8]

Agreements prohibiting you from suing or publicly badmouthing the company are standard when it comes to severance.

 

[Mass_Shyster]

Can an employer make you sign something that says you will NOT conult an attorney to make sure things were done fairly and legally?

Even if you signed the agreement, there is no way they could find out if you consulted with an attorney. The attorney-client privilege would prevent the attorney from telling them, and you would not likely tell them yourself.

 

[pattytx]

Or you get a copy of the proposed agreement before you agree to the deal and sign it and meet with an attorney then.

 

[daytona08]

I understand that a company does not have to offer a buyout, here,it was typically a few weeks pay. Some people were not given a choice, offered the buyout and go. No choice, but yet had to sign something. I don't understand how a company can force you to sign something, in order for you to accept the buyout, yet basically tell you that even though you may feel you were discriminated against for whatever reason, you can not contact an attorney, because that is what has happened.

My feelings is, probably the company is trying to cover their butt because they are doing things "a little shady", and if you sign something that says I will not pursue my termination of employment I will receive $$$$.

If companies would just do things fairly, things like this would not be happening.

 

[eerelations]

This is not "a little shady" this is SOP for all companies letting people go, and it's perfectly legal. And fair too!

When a company offers a severance package to an about-to-depart employee, that employee is provided with at least a few days to review the severance agreement and consult with an attorney. If the attorney advises that the employee will get much more money if he sues, the employee doesn't sign the agreement. If the attorney says the employee has no reason to sue, then the employee signs the agreement and gets the severance package. I don't understand how you get the idea that the employee is being forced to do something in this scenario.

If, however, the employee doesn't seek the advice of an attorney and as a result is confused about what to do next, the employee has no one to blame for said confusion but himself.

 

[Hot Topic]

If the company wants to get rid of you, they'll find some way to do it. And you might not be offered a severance package when they do.