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Still seeking an answer about severance agreement!

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Q

qwerty2000

Guest
We are currently undergoing downsizing within our facility located in Dublin, Ohio due to an acquisition. The severance package sounds more like an ultimatum rather than a departing consolation.

The company has "allowed" a handful of employees to remain for a 90-day transitional team. At completion of the 90-day period you will be able to collect a severance package. The others that were released already have collected their very weak severance package of 4 weeks pay and written offer of COBRA coverage. (Never mind that they have to offer that by law).

If you depart before the 90-day (now 60-day) period you wave all rights to any severance package. Aside from that, what really raises a red flag to everyone remaining is the following clause.


"You hereby release XXCHXX, by execution of this agreement from any and all claims and causes of action that may exist, whether known or unknown, as of the date of your execution of this agreement with the exception of any unemployment compensation claim you may have. You agree that this release applies to all officers, directors, employees and other representatives of XXCHXX both individually and in their respective capacities. This release relates to all causes of action, including but not limited to: claims under federal and state fair employment practices or discrimination laws; laws pertaining to breach of employment contract or wrongful termination; and age discrimination claims under the Age Discrimination and Employment Act, 29 U.S. C. Section 621 et seq., and any applicable state laws of similar intent. You further agree not to bring any lawsuit or file any charge or claim in any court or before any government agency relating to your employment or termination of your employment with XXCHXX, with the exception of unemployment compensation benefits that may be due you. XXX will not challenge any claim you make for unemployment compensation benefits."


No one in their right mind intends to wait until the 90-days to look for or accept a job offer, so the company makes out without paying anyone there, the incentive is not strong enough to hold them. But, if I find out latter that they were pumping asbestos through the air ducts, do I waive my rights to sue with the above agreement?
 


D

D. D. Lessenberry

Guest
run a search on other legal web sites on Google,my favorite search engine ( I do not work for Google.com)

One sounds like LostLaw.com

The other sounds like "I live in the Western Plains.law.com"

Good luck.
 

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