What is the name of your state (only U.S. law)? OH
This is a two-part question (thanks in advance for a lengthy read!)
Recently I was informed that due to budget concerns, I was being let go. I am under contract, and received a buy-out offer.
Under the first term of this offer, I am to be paid my current compensation and benefits. Currently, without accepting the buyout offer, I would be entitled to several weeks accrued vacation pay, which I would be paid for at the end of service. When I asked for confirmation that I would be paid for this time under the buyout, I was told no.
The last item in the agreement (other than the expiration of the offer) states that this document is the entire agreement between the parties and may not be modified other than in writing and signed by both parties. This was what was referenced in the reason for vacation time not being paid, saying that this section of the agreement superseded the original contract, and that I would forfeit accrued time.
Question 1:
Their interpretation seems incorrect. and I would like to hear other opinions on this. My interpretation is that the first clause states I am to receive whatever compensation I am currently entitled to under my contract. The other clause simply defines the agreement as the sum of the clauses and states that any modification must be agreed upon in writing. Therefore, under the terms of the first clause, they need to pay me. Who is correct?
Question 2:
Two other clauses state that 1) I may not make any sort of claim up to the date of the agreement, and 2) that I not disclose the agreement to anyone. If I feel I am entitled to the vacation time and am not paid for it, am I within my rights to take the agreement to an attorney for an opinion and/or file suit , or am I violating the agreement by doing so? Obviously, by posting here, I am already guilty
My tentative plan is to go ahead and sign it because I would rather use my time finding new employment than being a "dead man walking" at the old job. I will try and make my points, and if I am within my rights, wait until payments end to file any claim to receive the vacation pay.
This is a two-part question (thanks in advance for a lengthy read!)
Recently I was informed that due to budget concerns, I was being let go. I am under contract, and received a buy-out offer.
Under the first term of this offer, I am to be paid my current compensation and benefits. Currently, without accepting the buyout offer, I would be entitled to several weeks accrued vacation pay, which I would be paid for at the end of service. When I asked for confirmation that I would be paid for this time under the buyout, I was told no.
The last item in the agreement (other than the expiration of the offer) states that this document is the entire agreement between the parties and may not be modified other than in writing and signed by both parties. This was what was referenced in the reason for vacation time not being paid, saying that this section of the agreement superseded the original contract, and that I would forfeit accrued time.
Question 1:
Their interpretation seems incorrect. and I would like to hear other opinions on this. My interpretation is that the first clause states I am to receive whatever compensation I am currently entitled to under my contract. The other clause simply defines the agreement as the sum of the clauses and states that any modification must be agreed upon in writing. Therefore, under the terms of the first clause, they need to pay me. Who is correct?
Question 2:
Two other clauses state that 1) I may not make any sort of claim up to the date of the agreement, and 2) that I not disclose the agreement to anyone. If I feel I am entitled to the vacation time and am not paid for it, am I within my rights to take the agreement to an attorney for an opinion and/or file suit , or am I violating the agreement by doing so? Obviously, by posting here, I am already guilty
My tentative plan is to go ahead and sign it because I would rather use my time finding new employment than being a "dead man walking" at the old job. I will try and make my points, and if I am within my rights, wait until payments end to file any claim to receive the vacation pay.