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Agreement & Release

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BHAussie

Junior Member
What is the name of your state (only U.S. law)? C.A.

A national retailer recently closed all of it's retail stores (became a wholesaler)and as part of a nationwide "workforce reduction", offered severance pay on the contingent signing of an "Agreement and General Release" document.

This agreement includes a few more details than what might be considered 'standard', however my question is whether there would be much merit in negotiating the amount of severence pay as I feel it is low (less than 2 weeks wages, I understand there is no legal right for an employer to make a severance pay offer and that any counter offer may negate the initial offer).

Factors to take into consideration in answering my query include:

1. The mall for my store issued a non-payment of rent form for the month prior to the store closing. When the staff queried if the store was closing with the head office they advised that nothing was wrong and it was an oversight and that the store was not closing.
2. Having worked there the last two years progressing part-time through to full-time/keyholder, to where I considered and felt confident that my progression would result in assistant manager through to store-manager (have previous hospitality and retail management experience combined total inexcess of ten years). I feel my time has been wasted.
3. Whilst I don't believe I will need to file a future lawsuit you never know (health costs associated with any unknown health effects - I consider unlikely).

Incidentally the store had a 'break-even' annual budget of $1.4 million (payment of rent/staff/overheads) where they made sales of $680kapprox. last year (a significant loss where future savings could be considered viable by closing the stores at the expense of the employees, rather than using proven retail tactics and lack of management focus on proper business administration i.e. poor business practices).

Thankyou for your consideration as it is appreciated.What is the name of your state (only U.S. law)?
 


pattytx

Senior Member
Two years employed and two weeks of severance isn't great, but it isn't terrible or uncommon either.

1. "Lying" to the employees is not illegal.
2. You have two more years of experience than you had before. If you want to think of it as wasted, go ahead and be negative; your choice.
3. Huh?????

Poor business practices are not illegal.

I do have a question, though. How many people lost their jobs because of this closing?
 

BHAussie

Junior Member
Of course you can try to negotiate for more severance. Do you have a legal question?
My question was requesting advice from those who have derived experience from dealing with legal documents of this nature where the likelihood of my scenarios listed would present a favorable outcome for an increased negotiated severance payment.
 

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