Relationship with "Direct Report"

[Goodfella]

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.

I am in my mid-fifties, so you may be correct on the age thing. Thank you for the advice.
I know the job is gone, and it feels like my life is over. But i feel it is important to clear my name. I think they overreached on this. They could have just let me go because I didn't fit into the reorganization and they wanted to save the money. I would have just accepted that and moved on. I can't even file for unemployment under these circumstances.

 

[las365]

I am in my mid-fifties, so you may be correct on the age thing. Thank you for the advice.
I know the job is gone, and it feels like my life is over. But i feel it is important to clear my name. I think they overreached on this. They could have just let me go because I didn't fit into the reorganization and they wanted to save the money. I would have just accepted that and moved on. I can't even file for unemployment under these circumstances.

Of course you can apply for unemployment, and you should. Hasn't Commentator been in here? She knows the most of anyone about unemployment. The worst that can happen is that you don't get benefits, but you may. It can't hurt to try.

 

[cbg]

If you apply for unemployment benefits, you may get them and you may not.

If you don't apply for unemployment benefits, you definitely won't.

Sounds like a no-brainer to me. What on earth can it hurt to apply? There's no penalty for being wrong, and it doesn't cost anything but a little time. The worst that can happen is that they say no, and if they say no, you're no worse off than if you never applied in the first place.

Don't be an idiot. File.

 

[swalsh411]

Why would you think you wouldn't get unemployment? There is no misconduct here. (unless there is something you're not telling us)

 

[commentator]

Being let go with a severance does not in any way mean you are not able to get unemployment insurance. In fact, it pretty much means it was a "no fault no foul" separation. Even if you had been flat out fired for misconduct, no severance package involved, it would still be worth it to file for benefits. Because if the employer does not have actual proof of what they accuse you of, the fraternization with a direct report, and fires you for the suspicion that you have done this, without proof, you'd most likely still be able to get approved for benefits.

But whatever you do, file immediately. The severance is not income in lieu of unemployment insurance benefits anyhow, your eligibility for unemployment is not based on your income, and you are able, in TN to begin unemployment insurance immediately even if you are receiving severance. I know $275 a week isn't a lot, but for heaven's sake, file for it NOW! I don't know who told you that you couldn't file for it or wouldn't be approved for it, but they were wrong.

 

[Goodfella]

Thanks to everyone for the advice. Ultimately, I will do what my lawyer recommends and will file for unemployment first thing tomorrow. I will keep this thread posted on what the lawyer says, and the ultimate outcome.

 

[Goodfella]

Met with my lawyer today. You all were right, of course, a round of back slapping is in order. No grounds for a lawsuit. No grounds for asking for more severance. Nevertheless, the lawyer recommended that I at least ask for more severance in light of the situation.
So another gainfully employed person gets the ax and you can all rest assured that it doesn't matter in the grand scheme. I f****** up and take responsibility. The system works, and after many successful years in this business, I'm out.

 

[eerelations]

Met with my lawyer today. You all were right, of course, a round of back slapping is in order. No grounds for a lawsuit. No grounds for asking for more severance. Nevertheless, the lawyer recommended that I at least ask for more severance in light of the situation.
So another gainfully employed person gets the ax and you can all rest assured that it doesn't matter in the grand scheme. I f****** up and take responsibility. The system works, and after many successful years in this business, I'm out.

This has got to be the best, smartest and most responsible and mature response to bad-but-true news I've ever seen on forums like this. Congratulations OP, you are an intelligent adult and I like you.

 

[Proseguru]

Wow, tough decision. Take money and lose your job or just lose your job.

With one, you have to pay taxes but not with the other .... hummm

 

[Zigner]

With one, you have to pay taxes but not with the other .... hummm

With one, OP will have more money in his pocket even after taxes

 

[commentator]

I like you too. Spread the word. Tennesse employment law, 2012 means let us go, let us get without any regulation, any requirements, and we'll create jobs for you all. Unfortunately, you'll be our peons, our wage slaves, and we can fire you, without repercussions, if we feel like it. Spread the word.

 

[Goodfella]

OP here. Not sure who's being sarcastic here, but I am fortunate to have a little savings and a bit of severance. It's been a tough year.

 

[OHRoadwarrior]

TN is one of the least employee friendly states in the union, right after TX.

I can vouch for that. I had several people I worked with, in TN, who were laid off and denied UI because their boss said they refused an offer of work in OK.

 

[TheGeekess]

I like you too. Spread the word. Tennesse employment law, 2012 means let us go, let us get without any regulation, any requirements, and we'll create jobs for you all. Unfortunately, you'll be our peons, our wage slaves, and we can fire you, without repercussions, if we feel like it. Spread the word.

And if you don't like the current job situation, you are free to start your own business at any time. Ah, the beauty of the capitalist system. More power to it and less government.

 

[Just Blue]

And if you don't like the current job situation, you are free to start your own business at any time. Ah, the beauty of the capitalist system. More power to it and less government.

Goodie!

Perhaps you want to move up here and dump some tea in Boston Harbor?