Relationship with "Direct Report"

[commentator]

I am in TN, know a little about the way the labor laws work here. If you get a severance of any kind, consider yourself darn lucky and walk away gratefully. TN is one of the least employee friendly states in the union, right after TX. There is nothing, absolutely nothing that would legally give you any edge on which to hang your request for more severance. And they could very easily and legally take the whole thing off the table.

File for unemployment insurance benefits immediately, which in TN you can do even though you are receiving a severance, you do not have to wait until the two months are up. And there is currently in TN, even a poor chance you'll be able to get unemployment insurance. Remember our legislature right now? The one that is so right wing they want to impeach the governnor from their own party???

Well, they decided last session that in most termination cases, if the employer can remotely, even sort of think of saying the employee did something "not in the interests of the company" they will deny your unemployment claim on the first hearing anyway. Actual evidence of wrongdoing is not required any more. This is so we can help out all these "job creators" out there who are trickling down all this money into our coffers and creating all our jobs here. But do file. When you are terminated without a good misconduct reason, you should be able to get approved, it's just harder.

And many people in TN are so brainwashed by the radio shows constantly on the air here that they think unemployment insurance is welfare anyway and won't sign up for it, even though it is as legitimate as your social security retirement will be when you get to there, and is in no way a welfare program.

 

[Just Blue]

I am in TN, know a little about the way the labor laws work here. If you get a severance of any kind, consider yourself darn lucky and walk away gratefully. TN is one of the least employee friendly states in the union, right after TX. There is nothing, absolutely nothing that would legally give you any edge on which to hang your request for more severance. And they could very easily and legally take the whole thing off the table.

File for unemployment insurance benefits immediately, which in TN you can do even though you are receiving a severance, you do not have to wait until the two months are up. And there is currently in TN, even a poor chance you'll be able to get unemployment insurance. Remember our legislature right now? The one that is so right wing they want to impeach the governnor from their own party???

Well, they decided last session that in most termination cases, if the employer can remotely, even sort of think of saying the employee did something "not in the interests of the company" they will deny your unemployment claim on the first hearing anyway. Actual evidence of wrongdoing is not required any more. This is so we can help out all these "job creators" out there who are trickling down all this money into our coffers and creating all our jobs here. But do file. When you are terminated without a good misconduct reason, you should be able to get approved, it's just harder.

And many people in TN are so brainwashed by the radio shows constantly on the air here that they think unemployment insurance is welfare anyway and won't sign up for it, even though it is as legitimate as your social security retirement will be when you get to there, and is in no way a welfare program.

I wish there was a "love" button (and yes...I realize what that implies to the dirty minded ).
I, personally, am frightened of the "power" that the radio talk-shows have exerted over the middle-class with their spew. Even in a "Blue State" such as Mass, the middle-class are willing to stick their hands in the maw of the pitbull...and then sigh happily because "the pit is just protecting me".

 

[swalsh411]

And many people in TN are so brainwashed by the radio shows constantly on the air here that they think unemployment insurance is welfare anyway and won't sign up for it, even though it is as legitimate as your social security retirement will be when you get to there, and is in no way a welfare program.

Respectfully, have you seen any evidence of that actually happening? When faced with the option of "no money or some money" who is going to choose "no money"?

 

[cbg]

I'm not even in TN and I've seen it. We've had multiple posts here from people who think there's some sort of shameful stigma in signing up for unemployment because they see it as some kind of welfare or charity.

 

[LdiJ]

I'm not even in TN and I've seen it. We've had multiple posts here from people who think there's some sort of shameful stigma in signing up for unemployment because they see it as some kind of welfare or charity.

I have been unemployed twice in my lifetime. The first time I did not collect unemployment because I had sufficient savings to cover myself and I found it somehow shameful to collect in that instance. The second time I was not so foolish.

 

[TheGeekess]

Unemployment is paid to the state by the companies that have employees. That's one of the reasons the company has a place at the table if there is a disagreement in whether or not unemployment is necessary/warranted.

As far as the political ideology: Anybody ever get a job from a poor man? Bueller? I'd rather the income redistribution come from their payroll account to my checking account instead of through the government.

 

[Just Blue]

Unemployment is paid to the state by the companies that have employees. That's one of the reasons the company has a place at the table if there is a disagreement in whether or not unemployment is necessary/warranted.

As far as the political ideology: Anybody ever get a job from a poor man? Bueller? I'd rather the income redistribution come from their payroll account to my checking account instead of through the government.

Poor and middle-class can't afford to "give" employment. They are too busy supplementing the Mitt's of this country. Have fun living in the "now" as opposed to "tomorrow".

 

[Goodfella]

OP here...
I've seen several remarks in this thread saying that the employer can pull the original 2-month severance offer off the table. The actual severance agreement includes language stating that I have 45 days to sign the agreement. It seems to me that within that time period, I could ask for more, and all they can do is say no. But they would still be obligated to the two months. On what grounds could they pull the original offer?

 

[Ohiogal]

OP here...
I've seen several remarks in this thread saying that the employer can pull the original 2-month severance offer off the table. The actual severance agreement includes language stating that I have 45 days to sign the agreement. It seems to me that within that time period, I could ask for more, and all they can do is say no. But they would still be obligated to the two months. On what grounds could they pull the original offer?

On the grounds that they changed their mind. I notice you have never denied having an affair with someone who reports directly to you-- you have only stated that all anyone ever would have seen is you holding hands. I can't blame your company for wanting to get rid of you for that if in violation of their policy on fraternization -- why? Because you have opened them up to legal repercussions should your affair go south.

 

[Goodfella]

On the grounds that they changed their mind. I notice you have never denied having an affair with someone who reports directly to you-- you have only stated that all anyone ever would have seen is you holding hands. I can't blame your company for wanting to get rid of you for that if in violation of their policy on fraternization -- why? Because you have opened them up to legal repercussions should your affair go south.

I deny that we are anything but good friends. Rumors and gossip led to a witch hunt in the HR department, and I was let go without a warning.

Up until now, my company has had not had a policy, written or otherwise, on fraternization.

 

[commentator]

There is nothing in the offer that says it has to stay on the table for 45 days. Nothing legal and binding about it. What are you going to do about it if they say, "Sorry, we changed our minds!"

With all due respect to the person who wants to know if people are actually being discouraged from signing up on unemployment insurance by the general political climate and bad information from of some of the pundits in this country right now, I use as an example our local politicians who want very badly to put unemployment insurance in the category of welfare payments and to demand that anyone who signs up for it is drug tested, even though it is NOT a means test program.

Many of them as well as many of the people in the general public do not understand this. The way I feel about it, it is illegal to drive a car drunk or impaired. However, if you have an accident, you do not have to undergo general drug screening to get your automobile insurance to pay off. It is very inappropriate to work drunk or on drugs, but if you are out of work through no fault of your own, why should your privacy be violated before you qualify for the insurance paid by your employer to keep the economy going in times of high unemployment?

We have a famous radio money management guru who's been on the air around here for years, and I have called his show and attempted to discuss some of his wild statements with him several times. Particularly the one about how we have an emergency fund in place in our budget (which I agree with and encourage people to do wholeheartedly!) so we don't need your "stinkin' unemployment benefits!"
I believe that this particular person has eventually been reconciled to people receiving unemployment benefits, but this went on for several years when he was first on the air.

This is very poor financial advice, because even if you are quite wealthy, why would you leave even a small amount of money (less than $10,000 in most states) lying there unclaimed, when no one else is entitled to it, you are as as entitled to it as you are to your social security retirement benefits when they come, and you are out of work through no fault of your own? The only ones affected by the tax burden aspect of these benefits are the company that was required to produce the tax money in the first place in case this happened. It's not tax money being taken out of the general public's pockets to give to deadbeats who don't want to work.

I may have mentioned the movie "Cinderella Man" which came out several years ago about a boxer who was forced to accept welfare to feed his children and then after he won the big fight, went back and gave the money back to them, proudly announcing that he did not need it anymore.

We actually had several people show up at various places of the state I was in wanting to pay back their benefits and stop receiving them after seeing that movie. I didn't hear of anyone trying to pay back their Social Security or medicare after watching it though.

I'm stepping off my soap box now, thanks

 

[las365]

The reason for the 45 day period is probably because you are over 40. It is unusual for an employer to withdraw a severance offer during the waiting period.

It doesn't sound like you have much if any leverage to try to negotiate a better deal. Get an employment law attorney to review the offer so you understand its terms, especially the release and any noncompete and/or nondisclosure clauses. The attorney can also advise you about attempting negotiation of a more lucrative severance.

 

[Goodfella]

The reason for the 45 day period is probably because you are over 40. It is unusual for an employer to withdraw a severance offer during the waiting period.

It doesn't sound like you have much if any leverage to try to negotiate a better deal. Get an employment law attorney to review the offer so you understand its terms, especially the release and any noncompete and/or nondisclosure clauses. The attorney can also advise you about attempting negotiation of a more lucrative severance.

I will be seeing my lawyer this week. Just curious...what makes you think i am over 40?

 

[Goodfella]

There is nothing in the offer that says it has to stay on the table for 45 days. Nothing legal and binding about it. What are you going to do about it if they say, "Sorry, we changed our minds!"

Quote from the agreement: "[Former employee] understands that he has up to 45 days from the date of receipt of the Agreement within which to sign the agreement. [former employee] further understands that he may choose to sign this agreement before the expiration of the 45-day period, thereby waiving his right to take the entire 45-day period to consider the Agreement".
I guess I have faith that they will honor this even if I choose to try to negotiate a better deal. I have no other choice than to try. I don't want to "take the money and run". There's too much at stake.

 

[las365]

I worded that poorly. It is sometimes more common to have a 45 day consideration period when the employee being severed is over 40.

http://www.eeoc.gov/policy/docs/qanda_severance-agreements.html

This is a good resource about severance agreements and releases of certain claims.