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Voluntary termination?

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Yahoousa

Junior Member
What is the name of your state?California

Yesterday, I was handed an unsigned letter by my manager, his name was typed in. It said do to declining business conditions my Director's position was eliminated effective that day. He detailed 2 options. Telling me to take a week to consider these. (That makes no sense to me, the date of effectiveness was yesterday.) Strange?
Options
1) Take a "voluntary" termination with some severance (=5 weeks), payment of which was to be determined. No mention of accrued vacation, no mention of accrued pre-tax medical expense cafeteria plan dollars, only of that he would pay my med insurance for two more months, should I not have employment as of my termination date. (I know that does not make sense to me either.)

or

2) be considered via a discussion for a part time business development position, no specific compensation mentioned, but many vague stipulations regarding my exceptance, generally along the lines that I would not give him any trouble, just shut up & do whatever I'm told. Given the numerous references to this type of thing in the letter, this seems to be at least 50% of the reason for this action.

Option 2 seems an untennable situation for me to really consider and its vague to say the least. I really have only Option 1.

My questions are;

What the heck is voluntary termination? There's nothing voluntary about this.

Monday, if I go in and except Option 1, doesn't he have to pay me immediately, that day, as its his action, the severance offered & vacation?

Or does his offer to "discuss" (his written words) let him off as to timing of the payment to me?

What about those pre-tax medical plan dollars? Do I lose them?
 


pattytx

Senior Member
I would not sign anything saying this was voluntary. Regarding accrued vacation, the law in California requires payment on your last day if you were fired, which it sounds to me like you were. Also, payment of your wages are also due on your last day of work upon firing. Are they paying you during this "week of decision"? What will be your official termination date?

How long have you been there? 5 weeks of severance may not be unreasonable. And 2 months extension of medical benefits is not bad. I'm assuming you will still pay the employee's portion from your severance pay?

You need to see the severance agreement with all the details spelled out in writing. If you are over 40, you have longer to review and sign or not sign. Don't let this guy push you around.
 

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