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Re:Fired? Speak No Evil by danielweber on Friday January 03, 2014 @10:06AM (#7005734)
And I was soon informed that the president wished to assure me that there is nothing unusual about such clauses

Whoop whoop whoop! This sets off giant alarm bells in my head.

It might be totally normal. That doesn't mean you should sign it.

It's also an older-than-dirt salesman tactic to say that something you just made up is "totally common."

Of course, the company can attach whatever clauses it wants to a separation agreement. You aren't entitled to a severance payment. I'll tell other engineers that two weeks' salary is a piddly amount for the company for you to surrender such rights. You can just walk away. They are the ones who want you to sign that.

(It's kind of ironic, but after you have been given notice you are fired, you have power. They want you to do certain things, and what are they going to do? Fire you? Already did that. Withhold pay? Illegal.)

Re:Fired? Speak No Evil by nemesisj on Friday January 03, 2014 @12:50PM (#7006811)
I love it whenever anyone insists something "isn't a big deal" or they don't care about it that much. I will simply say that it is a big deal to me, so if it's not a big deal to them, they might as well do it my way. This works in almost all cases, or the other party has to backtrack and then at least we're negotiating on more transparent terms.
Re:Fired? Speak No Evil by officemonkey on Friday January 03, 2014 @01:16PM (#7007019)
Exactly this. If it's "no big deal" then ex it out of the agreement. Oh? You won't? Then I guess it is a big deal after all.
Re:Fired? Speak No Evil by poopsintub on Friday January 03, 2014 @09:54PM (#7009758)
The same thing happened when they tried to tack on fee when leasing my car. Also, if they offer to split the cost of an add-on with you, they can eat the whole cost most of the time.
Re:Fired? Speak No Evil by chavesn on Friday January 03, 2014 @05:54PM (#7008832)
As a corollary, I try to think through this any time I say something "isn't a big deal". Is it really not a big deal to me?

What people often mean when they say "it's not a big deal" is "it's a big deal to me, but it shouldn't be to you". Usually, they don't have any right to make that decision for you and it's really just a manipulation technique.

Re:Fired? Speak No Evil by BrownBuffalo on Friday January 03, 2014 @02:55PM (#7007700)
It's all dependent on the worker's rights in the state in which you work. NYS for example, almost always sides on the side of the employee. One thing to really think about is this - take the paperwork with you, and consult a local Labor office for your state. Kindly say, this is something I need to sleep on. I wouldn't dare sign anything under diress and I'm sure any lawyer worth his salt would say the same.
Re:Fired? Speak No Evil by pmiller2 on Friday January 03, 2014 @03:01PM (#7007737)
You have to be careful about this, too. I've seen one of these from a California employer that uses a Florida "choice of law" clause, too. I'm no lawyer, but I suspect that radically changes the calculus.
Re:Fired? Speak No Evil by ibrad on Friday January 03, 2014 @01:15PM (#7007013)
So what happens when I sign and still rant about the company. Say on my blog. The company is already struggling financially it will cost them to fight back.
Re:Fired? Speak No Evil by ggchappell on Friday January 03, 2014 @01:54PM (#7007266)
> So what happens when I sign and still rant about the company.

Then you've broken your word.

Re:Fired? Speak No Evil by d0ugie on Friday January 03, 2014 @02:41PM (#7007610)
.. and no shot of a healthy Safe Harbor gift a few months down. I got, on top of three months' severance a surprise $2K Safe Harbor gift, only having worked for the company for just over a year. And they were effective references, including the man who sacked me.

Leaving gracefully (and briskly without making a scene) can indeed be helpful, though perhaps not in the Times author's circumstances.

Re:Fired? Speak No Evil by officemonkey on Friday January 03, 2014 @03:27PM (#7007865)
Well, they have to get a court to decide that, now don't they.
Re:Fired? Speak No Evil by ggchappell on Saturday January 04, 2014 @12:30PM (#7011900)
Courts decide legal issues. If you give your word that you'll refrain from doing something, and then you do it, then you've broken your word, regardless of legalities.
Re:Fired? Speak No Evil by officemonkey on Saturday January 04, 2014 @07:22PM (#7013732)
If I signed the contract, I said I would refrain of disparagement. If I was subsequently critical of the firm and the company thought it rose to disparagement, it becomes a legal issue.
Re:Fired? Speak No Evil by jusben1369 on Friday January 03, 2014 @01:21PM (#7007060)
Yeah but you're not going to have a leg to stand on so any lawyer is going to tell you to settle immediately if they even threaten to go after you.
Re:Fired? Speak No Evil by danielweber on Friday January 03, 2014 @01:31PM (#7007110)
Maybe, maybe not. Legal action is costly for both sides.
Re:Fired? Speak No Evil by jusben1369 on Friday January 03, 2014 @04:14PM (#7008195)
Not if you're awarded legal fees.
Re:Fired? Speak No Evil by vacri on Friday January 03, 2014 @06:19PM (#7008943)
Someone who signs because they need two weeks' pay isn't going to be able to afford both sides of a legal fight. You still have to pay your lawyer while you're waiting for the other side to stump up the money.
Re:Fired? Speak No Evil by ScottWhigham on Saturday January 04, 2014 @12:08PM (#7011783)
If "you're awarded legal fees", it only happens as a result of a trial/hearing. The cost to prepare + present at trial might be very substantial.
Re:Fired? Speak No Evil by icameron on Friday January 03, 2014 @01:39PM (#7007165)
Exactly, nothing will happen. At some point you see the big picture; the company is struggling for money. They already know your financial situation (unemployed) so the will not waste resources going after your assets. Like someone else said too, the burden is on them to show something is disparaging. Why not take it to court and drain what little resources they have left. You can drag it out as long as you want, not like you have a job! What a silly clause, I don't ever see it affecting you just from a blog posting. Disclaimer; not a lawyer (thank god because lawyers come up with this bs)
Re:Fired? Speak No Evil by jwatte on Saturday January 04, 2014 @12:29AM (#7010092)
But let's say you win the lottery, and a troll buys the cheap remains of the failed company. Now the troll can go after you.
Re:Fired? Speak No Evil by redshirtrob on Saturday January 04, 2014 @03:28PM (#7012763)
I think the usual response is that the clause is not a big deal, but removing it is--they have to get their lawyers to review the changes, etc. I have seen at least one employer go ahead and make a change without consulting the attorney so I'm not suggesting this is a canned response, just one I've gotten a number of times.
Re:Fired? Speak No Evil by neohaven on Friday January 03, 2014 @10:28AM (#7005847)
Depending on where you are, "severance", or the 2-week pay after you have been told you do not have a job anymore, may or may not be a worker's right.
Re:Fired? Speak No Evil by chimeracoder on Friday January 03, 2014 @10:47AM (#7005957)
IANAL, but while that may be true in general, California (where the author was employed[0]) is an at-will state, and most people reading HN (in fact, most people working at startups in general) are likely to be employed at-will. AFAIK, that means that they are not entitled to any severance unless their initial contract stipulated otherwise.

[0] Actually, where the company was based we don't know which employment laws applied to his contract without reading it. You can be a California resident employed by a Delaware corporation operating out of California and your contract can still be subject the the employment laws of a third state. I'm not entirely sure how this actually works in practice, but I know it is done.

EDIT Some quick Googling found this website, which has some interesting information (albeit a rather terrible layout): http://www.careerprotection.com/severancepay.html

Re:Fired? Speak No Evil by DannyBee on Friday January 03, 2014 @01:04PM (#7006896)
"California is an at-will state,"

California is an odd example of an at-will state, for various reasons.

There have been a lot of implied-in-fact exceptions to the at-will doctrine (see Pugh v. See’s Candies, Inc. ) essentially holding that your employment contract would not control if the employer gives you a different impression.

The general legal view is that california is not really an at-will state anymore, because of the routine exceptions that get made.

IE cases holding "evidence of a “long and distinguished career” supported finding of implied contract not to terminate without good cause", etc.

See http://ainleylaw.com/2012/10/25/avoiding-the-at-will-bar/ for a random list of cases and holdings.

Suffice to say, i would not hold up california as a typical example of anything employment law related :)

Re:Fired? Speak No Evil by logfromblammo on Friday January 03, 2014 @12:39PM (#7006747)
While working in at-will states, the severance agreement may in fact be the first document you sign that is actually legally binding upon the company in any way.

Most offers I see are clear that the letter is not a contract, and no contract can even exist without direct and explicit intervention by the CEO. And that seems to be a left-handed way of saying that if you do try to get an actual contract, you will not be successful, and the offer of employment will be withdrawn. I would very much like to see more at-will workers do same-day resignations when they change jobs, possibly even writing their own severance agreements.

It isn't unprofessional to abruptly walk out on the job if giving notice was never in the requirements. And most of the time, all that you get for the courtesy of making it easier for the employer to replace you is a payout for your accumulated vacation time, if anything.

Re:Fired? Speak No Evil by cbr on Friday January 03, 2014 @12:48PM (#7006797)

    It isn't unprofessional to abruptly walk out on the job
    if giving notice was never in the requirements.
While you would be fully within your legal rights to quit without notice, and they would be fully within theirs to fire you effective immediately with no severance, both would be rude, contrary to custom, and unprofessional. It's reasonable and healthy to have customs that are not fully backed by the law, and trying to set up the law to fully match our senses of justice would be massive overengineering.
Re:Fired? Speak No Evil by logfromblammo on Friday January 03, 2014 @01:45PM (#7007197)
Having recently experienced such rudeness from an employer, I feel fully justified in recommending tit-for-tat retaliation from employees. Holding to human standards of decency is no longer warranted when your employer no longer views you as a human being.

Given the behavior of my current company towards all of its employees, I am looking to go elsewhere, and when I do, I won't worry overly much about burning those bridges behind me. The at-will sword is two-edged, so let the other guy feel the backswing occasionally.

Re:Fired? Speak No Evil by bradleyjg on Friday January 03, 2014 @01:24PM (#7007074)
That's true in general, but conditional severance isn't the same thing as unconditional severance. Conditional severance, depending on the conditions, may well be a quid pro quo. If the money is compensation for e.g. a non-disparagement clause than it isn't also customary two weeks severance.

If such practices are widespread in a particular industry than that industry in practice doesn't provide severance. In those circumstances, it makes sense to withdraw the corresponding practice of giving notice. Or perhaps instead substituting a practice of conditional notice.

Re:Fired? Speak No Evil by wpietri on Friday January 03, 2014 @01:50PM (#7007238)
> It isn't unprofessional to abruptly walk out on the job if giving notice was never in the requirements.

I disagree. One of the things that distinguishes professional behavior for me is having professional standards. That is, no matter what your clients or employers do, there are certain ways you plan to behave. For me that would definitely include a good handover.

Of course, my professional standards also include refusing to build things that are obviously dumb, dangerous, or destructive. But a disturbing number of developers feel that they should just do whatever their bosses tell them, no matter the disaster that they set in motion. So one could argue that a lot of IT-related jobs are more trades than professions, in which case a "take this job and shove it" exit could be more acceptable. Not because it isn't unprofessional behavior, but because professional behavior isn't expected.

Re:Fired? Speak No Evil by logfromblammo on Friday January 03, 2014 @02:29PM (#7007515)
When an employer treats the employee unprofessionally, is that not an indication that professional behavior is not expected? If you have an expectation that your employer will provide notice and severance before termination, as might be specified in an employee handbook and verified by departing colleages, then giving notice before resignation would be appropriate. If, on the other hand, your company has in the past terminated people without cause, notice, or severance, and the handbook states in no uncertain terms, "You LOSE. Good DAY, sir," then I think any gestures for your personal honor will be lost.

We have no union or professional association to protect our interests in my labor category. We have only the willingness to be faithful and courteous to those who treat us well, and to be stubborn and vindictive to those who would abuse our good faith. Bite the hand that beats you.

Re:Fired? Speak No Evil by wpietri on Friday January 03, 2014 @06:04PM (#7008886)
No. If ethics are purely determined by how other people act, they aren't ethics.

I think that professionals have to be careful in who they choose to work for, but once they start, they should act professionally. That includes leaving professionally.

Re:Fired? Speak No Evil by logfromblammo on Sunday January 05, 2014 @02:15AM (#7014943)
If you don't make some allowance for other people's behavior in your ethical system, your ethical strategy can easily be subverted by someone else that does.

In game theory simulations, strategies that respond to counterparty behaviors, such as tit-for-tat, always outperform those that do not, such as always-cooperate, always-reneg, and random-choice strategies.

Your strategy is apparently always-cooperate. It's a loser. If you do not penalize bad behavior or unbalanced deals, they will become more prevalent in the environment.

Re:Fired? Speak No Evil by wpietri on Sunday January 12, 2014 @12:33AM (#7045269)
My strategy is not actually always-cooperate, and I don't fathom how you got that from my words.
Re:Fired? Speak No Evil by mcv on Friday January 03, 2014 @04:07PM (#7008147)
> t isn't unprofessional to abruptly walk out on the job if giving notice was never in the requirements.

Depends on circumstances and the details of your profession. If you're just a badly-treated wage slave, then definitely: walk out as soon as you find something better.

But I'm an independent contractor/freelancer, and I'm currently working on a project that would probably take about a year. But my contract is always to the end of the quarter and gets extended by a quarter. I could probably refuse such a contract extension, and I considered it, because a previous client where I really, really enjoyed working, asked me if I was available. But I didn't because I felt it would be unprofessional to leave at this stage.

Re:Fired? Speak No Evil by logfromblammo on Sunday January 05, 2014 @02:25AM (#7014970)
It seems to me that a project that should take a year should have contracts that last for the entire duration.

If we're talking about professionalism, at what point did you bring up to the client that their quarterly contracting strategy leaves them extremely vulnerable to losing critical personnel before the work gets finished? I think what happened there is that they leveraged their project management flexibility against your sense of integrity, and you lost.

Re:Fired? Speak No Evil by mcv on Tuesday January 07, 2014 @03:32AM (#7016280)
They're big. The people I talk to don't control the policies regarding contracts.

In any case, I didn't lose anything. As long as I get paid for the hours I work, I'm happy. I'd be totally fine with the contract getting terminated tomorrow. I'm also fine with working here for another half year. But at more than a year, I think I'd get itchy.

Re:Fired? Speak No Evil by auctiontheory on Friday January 03, 2014 @02:24PM (#7007477)
It isn't unprofessional to abruptly walk out on the job if giving notice was never in the requirements.

I don't think "unprofessional" means what you think it means. It is not, for instance, a synonym for "illegal."

Re:Fired? Speak No Evil by vidarh on Friday January 03, 2014 @01:19PM (#7007039)
> and most people reading HN (in fact, most people working at startups in general) are likely to be employed at-will

I'm not so sure about that. While Silicon Valley particularly, and the US in general, has a disproportionate number of high tech startups, you also have some of the weakest workers rights in the world, and while I don't know the exact demographics of HN, I'm not so sure it is that focused around California.

Pretty much all of Europe, with a population of about 800 million, for example, have protections that are vastly stronger. A substantial majority of countries have 1-3 months notice periods that are hard or impossible to get around, in some cases with a legal right to actually continue to show up to work and carry out the contracted work during that period even if your employer would like to pay you to stay away.

Re:Fired? Speak No Evil by leoromanovsky on Saturday January 04, 2014 @02:08AM (#7010332)
wow 1-3 months of notice, that's insane.. seems impossible to let go of a poor performer.
Re:Fired? Speak No Evil by klausjensen on Saturday January 04, 2014 @09:48AM (#7011170)
It is quite common with a 3-6 month trial period, where you can be fired with shorter notice.
Re:Fired? Speak No Evil by robterrell on Friday January 03, 2014 @02:23PM (#7007472)
IIRC, the author lives in NYC, so I assume he was working remotely. If that was the case, which states laws apply? What if one of the states is an at-will state and the other isn't?
Re:Fired? Speak No Evil by steveklabnik on Friday January 03, 2014 @02:57PM (#7007715)
I've often seen contracts explicitly contain "Disputes will be handled in CA and I waive my choice of venue."
Re:Fired? Speak No Evil by danielweber on Friday January 03, 2014 @03:57PM (#7008068)
If it's a small company in California they really don't want to take a bus to Texas to get into a legal fight with you.

This is one of those cases where you can't have both sides compromise. They want things jurisdicted (izzat a word?) in one state or the other. And the company is the one with the lawyers who have crafted things specifically for their home state.

You should give them this, perhaps in exchange for something else.

Re:Fired? Speak No Evil by jgalt212 on Friday January 03, 2014 @10:51AM (#7005991)
If it's a mass layoff, the event will probably fall under the WARN act which requires 60 days notice for "full-time" workers.

http://humanresources.about.com/od/glossaryw/qt/WARN_Act.htm

Re:Fired? Speak No Evil by jgalt212 on Friday January 03, 2014 @11:05AM (#7006080)
plant closing is loosely defined. I worked at a bank that closed a division, and the division closing fell under the WARN Act.
Re:Fired? Speak No Evil by harryh on Friday January 03, 2014 @11:00AM (#7006051)
Only if it's part of a "plant closing."
Re:Fired? Speak No Evil by coldcode on Friday January 03, 2014 @12:00PM (#7006482)
I am currently awaiting a 60 day notice, as 80% of the company is being laid off. Our parent company recently laid off a number of folks who only got 30 as the company is eliminating a large portion of the company.
Re:Fired? Speak No Evil by TomSawyer on Friday January 03, 2014 @12:20PM (#7006614)
A place that I worked at two years ago laid off 2/3 of the company just 49 days after I'd joined. They weren't as brain dead as the federal legislature so they simply framed it as temporary for five months which falls under the requirements of "WARN."
Re:Fired? Speak No Evil by poopsintub on Friday January 03, 2014 @10:42AM (#7005926)
I've never heard of severance in the U.S. being mandatory or illegal to withhold if say, they did it for every other employee that left the company prior. I think unemployment benefits takes care of this.
Re:Fired? Speak No Evil by JackFr on Friday January 03, 2014 @02:21PM (#7007456)
I've been through the process twice, and in neither case was there any pressure to sign the document. In both cases I was advised to speak to a lawyer if I was unsure or uncertain about anything, to feel free to contact them with any clarifications and in one case I expressly forbidden from signing it in the HR office and told to mail it back.

A lawyer would tell you that such a clause is common, is somewhat enforceable, and rarely enforced. The situation primarily being avoided is airing specific, proprietary, disparaging information.

Re:Fired? Speak No Evil by crusso on Friday January 03, 2014 @11:26AM (#7006225)
I'll tell other engineers that two weeks' salary is a piddly amount for the company for you to surrender such rights

So it isn't worth just moving on with your career for, say, $3k (assuming a moderate $80k/yr salary)?

Seems like Internet bravado to me. I click okay on all sorts of terms of use agreements for my PS3 just to play some games.

Re:Fired? Speak No Evil by danielweber on Friday January 03, 2014 @12:13PM (#7006567)
It might be worth it, and I might sign it. I was just trying to get the point across (and may have failed) that the company will probably be as willing to give you 4 weeks as to give you 2 weeks.

A PS3 contract is signed under much different circumstances. It's a contract of adhesion and it's most likely to cover PlayStation's ass from people suing them for all sorts of bullshit reasons, not to enable them to sue you because you gave a bad review.

The company CEO might have something snap in his head and decide that the reason the company failed is that his ex-employees were stealing stuff. I've seen it happen twice, fortunately never to me.

On this note, I would be totally okay with signing a "this firing was not illegal" contract for a few weeks severance. That's more of the company wanting its ass covered if you try a bogus wrong-termination suit, which I totally understand.

tldr: I think "this is so you/someone else can't sue us" clauses are much more ethical and reasonable than "this is so we can sue you" clauses.

Re:Fired? Speak No Evil by dahart on Friday January 03, 2014 @11:42AM (#7006339)
Will wasn't writing about "agreements", he was explicitly making the point that for him it is indeed not worth $3k to agree to lower his ethical standards. He was writing about the non-disparagement clause, not the contract. Maybe you didnt't read it carefully, like you didnt read your PS3 EULA, because most software EULAs, including the ones from Sony, do not have non-disparagement clauses. Employment contracts have also enjoyed a lot of time and exercise in court, and have been routinely enforced. software EULAs have not, and are widely considered unenforcable. So, your analogy doesn't really work.
Re:Fired? Speak No Evil by crusso on Friday January 03, 2014 @11:51AM (#7006420)
Maybe you didnt't read it carefully

You're accusing me of not reading something carefully when you're not considering the context of the quote to which I was responding -- which was specifically talking about the previous poster's advice to PROGRAMMERS?

and are widely considered unenforcable

Unless I was planning to really go after my ex-employer as some kind of vendetta, I wouldn't worry about a Non-disparagement agreement's enforceability. They're no more of a worry than non-compete agreements.

Re:Fired? Speak No Evil by gamerdonkey on Friday January 03, 2014 @12:25PM (#7006652)
Non-compete agreements may not be the best example for you. They can have large impacts on employees (http://web.mit.edu/newsoffice/2011/non-compete-agreements-10...) and far-reaching effects on entire regions (http://www.techdirt.com/articles/20071204/005038.shtml).
Re:Fired? Speak No Evil by dreamfactory on Friday January 03, 2014 @06:04PM (#7008885)
That's precisely why they are usually legally worthless, where they act as a restraint on trade for the individual concerned.
Re:Fired? Speak No Evil by dubcanada on Friday January 03, 2014 @11:31AM (#7006256)
The stuff I agree too just to play video games, I'm surprised I still have legal rights sometimes...
Re:Fired? Speak No Evil by kanamekun on Friday January 03, 2014 @11:57AM (#7006465)
South Park made a whole episode about this (re: Apple's terms of use) a few years ago:

http://www.southparkstudios.com/full-episodes/s15e01-humance...

Re:Fired? Speak No Evil by zafka on Friday January 03, 2014 @01:37PM (#7007154)
That is where good intentions for wise use of time go....
Re:Fired? Speak No Evil by at-fates-hands on Friday January 03, 2014 @12:18PM (#7006593)
Agreed

I had a friend who was a contract lawyer, and pointed out several clauses in my wireless contract and my internet contract. It was pretty eye opening.

Needless to say, you'd be surprised what you agree to when you sign contracts:

"Please be aware that we may change your wireless device's software, applications or programming remotely, without notice."

Re:Fired? Speak No Evil by ama729 on Friday January 03, 2014 @12:43PM (#7006764)
> "Please be aware that we may change your wireless device's software, applications or programming remotely, without notice."

Which mean they update your modem (which is not yours btw, it's a part of your ISP infrastructure) for you, not that ominous IMO.

Re:Fired? Speak No Evil by BHSPitMonkey on Friday January 03, 2014 @12:59PM (#7006870)
Speak for yourself; I own my cable modem outright. But I do understand (and I don't care) that the ISP can essentially reprogram that device, since that's how the technology is intended to work. That device is just feeding into a router I control, anyway.
Re:Fired? Speak No Evil by nitrogen on Friday January 03, 2014 @01:00PM (#7006875)
If they want to update the modem/baseband, why not just put "modem" or "baseband"? And why do they have to do it without notice?
Re:Fired? Speak No Evil by at-fates-hands on Friday January 03, 2014 @12:53PM (#7006829)
unless your talking about your wireless carrier, in this case, Verizon.
Re:Fired? Speak No Evil by DanBC on Friday January 03, 2014 @02:33PM (#7007538)
I'm not aware of anyone going to court over licence agreements on games.

I am aware of very many court cases involving contracts of employment. Some of these cases are famous and reported in national newspapers, but many of them are everyday cases.

"Just sign it" is popular but terrible advice for some contracts.

Re:Fired? Speak No Evil by mathattack on Friday January 03, 2014 @12:56PM (#7006850)
In this case, it is totally normal. In return for a payment, you agree to keep quiet. I don't know of any other firm that gives severance without this. What is abnormal is that someone is being asked to sign it for 2 weeks of salary.
Re:Fired? Speak No Evil by jusben1369 on Friday January 03, 2014 @01:21PM (#7007049)
Yes I'm with you. First thing that happens is i) BOD tells management to do layoff's to preserve cash then ii) Legal talks to outside or inside counsel and gets the generic playbook for layoffs (including termination template language) then iii) CEO, CFO and VP of HR discuss actual terms of severance. Maybe even one gets simply two weeks. Maybe more senior (time or responsibility) get 3 or 4 weeks etc. Either way decision is determined and married to boilerplate RIF template. iv) String of events leads to a writer ($50,000 a year? $75,000 a year?) looking at a paltry two weeks of revenue in exchange for disparagement clause. Seems completely out of whack with his beliefs and the amount being offered.
Re:Fired? Speak No Evil by mathattack on Friday January 03, 2014 @04:15PM (#7008202)
And frequently the # is negotiable, though it can require a lawyer to do the negotiating. Some work on contingency. (I've never been through the process, but have seen enough layoffs to have watched people negotiate their #s)
Re:Fired? Speak No Evil by jaynos on Friday January 03, 2014 @11:50AM (#7006416)
IANAL, but is that clause even enforceable if tied to severance? Seems like a reasonable argument could be made that signing such a clause when tied to severance negotiations would fall under "duress" from a legal standpoint.
Re:Fired? Speak No Evil by danielweber on Friday January 03, 2014 @12:01PM (#7006495)
If the company says "sign in the next 5 minutes or else" than maybe. But the company wants you to sign.

And the lawyers who crafted up the contract don't want it to be thrown out for some stupid reason, so they will advise your (about to be ex-)employer to let you take it home to read it and think about it.

Re:Fired? Speak No Evil by njharman on Friday January 03, 2014 @04:01PM (#7008098)
The opposite. To be legally enforceable each party to a contract must be receiving something of value.

Duress would apply if someone is forcing you to sign.

Re:Fired? Speak No Evil by mistakoala on Friday January 03, 2014 @06:26PM (#7008981)
Just wondering - particularly as I have no experience of the US employment market - but is it common for soon-to-be employees to negotiate a standard severance package into their contract of employment?
Re:Fired? Speak No Evil by genwin on Friday January 03, 2014 @09:25PM (#7009647)
No, not in my experience anyway.
Re:Fired? Speak No Evil by walshemj on Friday January 03, 2014 @12:34PM (#7006722)
Of course asking for this agreement implies that they have done something wrong :-)

"so mr employer you admit you have done something illegal either by omission or commission and you want me to sign a compromise agreement?"

Well I am sure that my lawyers will be interested can you let me who in hr is your GC (lawyer) and I am sure we can sort something out or I will settle for 6 months right now.

Re:Fired? Speak No Evil by vidarh on Friday January 03, 2014 @01:31PM (#7007107)
No, it implies that they are worried about what you might say or do. And possibly not specifically you, but the odds in general of some employee or other deciding to cause a nuisance, whether or not they deserve it.

Or they have an overzealous HR person or lawyer.

Or any number of other things.

Of course they might also be a bunch of criminals, but I don't think an agreement like that implies anything in either direction.

Re:Fired? Speak No Evil by walshemj on Friday January 03, 2014 @05:21PM (#7008642)
Well they asked first so "no smoke with out fire eh" putting it in writing gives the impression that they have something to hide.

Over zealous/incompetent HR is probably the correct answer.

Seriously if you where a cop questioning some one and they blurt out I want to do a deal at the start of the interview what woudl you think

Normally in NCIS when the person getting interviewed by Jethro asks for a deal - they are the perp.

Re:Fired? Speak No Evil by pasbesoin on Friday January 03, 2014 @12:33PM (#7006714)
If you are leaving employment on unfriendly terms, it will serve you well to sign nothing without consulting an attorney (preferably one specializing in employment law and contracts).

(This, of course, does nothing for what you may have signed upon becoming employed, nor what they may have shoved under your pen while you were employed.)

Generally, the incentives are relatively small, and what you are giving up is potentially rather greater. This is why they attempt it -- risk reduction. I'm aware of proposed agreements that, for a few thousand dollars in a one time payout, cause the formerly employed to abrogate supposedly all rights to sue, on any basis.

Granted, that may not be entirely enforceable. But it's another considerable hurdle to surmount if and as you feel and determine yourself to have been wronged. First, you have to attempt to break out of the binding arbitration -- if any -- that such contracts impose.

I'd rather have a few expensive suits and management sweat a bit more, if nothing else, in such circumstances. Tie them up with more paperwork and tracking. If nothing else, it helps to keep them on their toes and perhaps less likely to screw the next guy.

And yes, again, in such circumstances, somewhat of that perspective is prescribed. No matter how well you may have gotten on with your co-workers and immediate management, the company is not / no longer your friend.

You will feel and manage much better if you have prepared yourself for such an event, however unlikely you may currently consider it to be. Have enough cash and liquid assets on-hand to ride out such a period of unemployment. Don't assume you will have unemployment benefits when making such calculations; if a business decides it wants to screw you, they can at least delay the granting of such -- though you should contest such a tactic. (And, in that regard, documentation is your friend. Keep printouts of relevant material. If you feel things are going south, keep a separate, datestamped journal documenting specific events in detail.)

If you have assets on hand, you will feel less motivated to take such a payout, especially not one that is rushed upon you with a very limited window for consideration. You may also decide it is worth the money to at least consult with an attorney (that you are paying by the hour, not on contingency) for an independent and professional opinion.

Many people on HN are at least ostensibly "professionals". A few thousand, for a regular, full-time employee, should not make or break you. Look towards handling your end of such an employment arrangement professionally.

Even if it costs you a bit of money, you will likely feel much better about yourself and how you've handled the situation.

And that self-esteem, aside from any (frankly, unlikely) favorable financial outcome, can pay off significantly as you move on with your life.

Just my opinion...

Re:Fired? Speak No Evil by halostatue on Friday January 03, 2014 @12:38PM (#7006736)
That depends on the jurisdiction. Ontario has fairly strong employment standards, including documents on severance pay and termination pay.