Wages or Commissions

[JRP]

What is the name of your state?What is the name of your state? MA

I was recently laid-off and have been working with my prior employer trying to sew up the details on a severance/separation agreement.

Three questions ...



Q1: Does asking for the supporting documentation and other referenced materials from this letter constitute a "rejection" of the offer? When can a company pull back an offer and under what grounds?

Q2: The section of the letter governing Receipt Of Final Payments has been modified from:

"...you will have received all wages (including any bonus amounts, if any) earned but unpaid and all vacation time accrued but unused. To the extent you are eligible, you may be receiving a check for any commission payments, to the extent earned but unpaid, which will be calculated and paid in accordance with the Company's commision payment plan

New clause reads...

"...you will have received all wages earned but unpaid and all vacation time accrued but unused. To the extent you are eligible, you may be receiving a check for any bonus or commission payments, to the extent earned but unpaid, which will be calculated and paid in accordance with the Company's commision payment plan

Can they change the offer and/or the terms of the plans after termination? Seems like they are trying to defer payments as much as they can...??

Q3: Approx 2yrs ago, the company introduced a set of Non-Compete/Disclosure agreements. I refused to sign the originals and submitted the edits that would allow me to accept the agreements. Due to other issues the company was dealing with, they neglected to respond to close off on this agreement. I have been advised by a coworker that they did include the sum of one-dollar in our paycheck to "seal" the contract.

When prompted for a copy of the documents, as they were referenced in the Separation Agreement, HR contact advised that they didn't have any signed documents and that they would change the agreement to reference the Employee Handbook's section on confidentiality...Unfortunately, this section also references these docs..

So...Would you pursue the documents because they were referenced (concern is outlined in Q1) or just let it go since they can't produce a document..??? What if it becomes an issue later on??

Thanks in advance for any advice..

John

 

[Beth3]

Q1: Does asking for the supporting documentation and other referenced materials from this letter constitute a "rejection" of the offer? When can a company pull back an offer and under what grounds? Maybe. Who's doing the asking? You? If what you're asking for is unreasonable, the employer can elect to consider that a rejection. An employer may pull back their offer of severance at any time for any reason up until the time both parties have signed the document and agreed to the terms.

Can they change the offer and/or the terms of the plans after termination? Seems like they are trying to defer payments as much as they can...?? Sure, since they don't have to offer you any severance at all unless the company has a policy or contract which guarantees severance.

On the last issue, I'm confused. The non-compete/non-disclosure agreements were never completed. If the employer wishes to now bind you to those agreements as part of the separation agreement and waiver, they'll have to be properly and newly executed.