Desperately Needing Advice!

What is the name of your state? Mississippi

I have worked for the same hospital for 10 and a half years. I worked as a nursing assistant most of that time until I went back to school and graduated and became a counselor on the psychiatric unit of that hospital.
Recently, some of the administration was fired for embezellment to the tune of several million dollars! Due to this, they have had to have MAJOR budget cuts, including lay-offs of lots of people. I am on vacation from work until Thursday so I didn't realize anything about the layoffs until tonight when a coworker called me and told me she was laid off and that she was told that our position was cut from the budget. She said they did not tell her what they were calling her in for until she got to work. They then told her that she could either accept a severence package or resign without it. They told her that she did not have time to think about it. She needed to make her decision right then and there. They then asked for her keys and work badge and told her theywould let her know when she could come back to get her belongings from our office. No one called me in regarding this but according to her and several other co-workers, our position was deleted. (They probably didn't call me because I am on vacation and may think I am out of town.) I called work tonight and askedone of the supervisors what was going on. She said that the administrator wanted to talk with me about some "changes." I asked her if this meant changes or getting laid off. She said she was not at liberty to say and that I could come in and talk with the administrator in the morning or either wait until the end of the week.
After having a "heads up" on the matter and knowing that they will not talk about this on the phone and only get us in the office to sign forms with no prior knowledge of what is going on or time to consult with a legal advisor, I am thinking that before I go talk with him (even though I am not sure what it is about,since no onewill tell me), I am wondering if I need to take a legal advisor with me to look over any papers I am asked to sign and determine what my options are.
Can anyone give me advice on this??? I'm not sure what to do! Thanks!

Terri

The only thing that is of questionable legality is the insistance that a decison be made then and there. That is illegal IF the employee is over the age of 40 AND the severance agreement includes a release of claim, wherein you agree not to sue the company for any age discrimination in return for the severance. Both of these factors have to be true in order to make the insistance on an immediate decision illegal. If you are under 40 or if you are over 40 but you do not need to sign a release of claim to get the severance, they can, if they choose, ask for an immediate decision. Everything else that you described is perfectly legal.

By all means talk to an attorney if it will make you feel better about what you can and cannot be asked to do. However, I think bringing an attorney to the meeting is overkill. For all you know, they are going to tell you that due to the changes, your job responsibilities are going to be increased.

An update

Just an update.... I went to the meeting today and was told I was laid off. My severance package is 6 weeks of pay. I felt that was unfair since I had worked there 11 years. Someone else who worked there one year is getting paid until January. They said that is because she is over 40. ??? Anyway, I've started looking for a job immediately and am wondering if I can also file for unemployment even though I have severance pay. Does anyone know?

Thanks.

Terri

Certainly you can file immediately. But whether or not you will be able to collect immediately or if it will be deferred for six weeks (plus any applicable waiting period) will depend on Mississippi state law.

In my state, UI is withheld for the period of severance UNLESS a release of claim was required in order to receive it. However, all states are different and only someone at the MS UI office can tell you for certain.