my former employer was being sued in a class action suit under labor codes. I received a letter and went to talk to the employment atty. 2 weeks later i was called not to goto work , i called the next day to for my schedule my boss said she would call me back and never did.
Been at my company 30 years, two years ago they started harassing me saying I was a low performer, after decades of good reviews and promotions. This came at a time they stopped offering the pension to new employees, and then went on a hiring soree. So I am in the pension plan and would currently get 60% of my income as my pension. I will be 55 in two months. I would like to work there 7 more years. It's obvious they are going on a campaign to get rid of the remaining 8% of the workforce that have significant accrued retirement benefits. Thoughts?
I get a pension also and my company laid me off after 18 years , but i still get a pension from them after I reach 65, they ended up paying me a severance of 30k and our union signed us up for unemployment and this was happening when covid hit so we ended up getting the covid pay out of 600 a week on top of that weekly amount we were already getting it was a sweet short-term deal
Retaliation for complaining of non payment of overtime? My fellow employee was the most productive employee and he was fired for complaining that he didn't get paid his overtime
Hi sir. I've been in my job 3 years already. I am being laid off due to covid 19 pandemic but after 12 weeks, my employer did not resume my employment, my question is, is it possible that i can get my severance payment eventhough i didn't sign any contract with my 3 years working in the company?
The amount of money you get will depend on how long you worked for the company. Usually that is governed by law. The termination is legitimate and any company has the right to execute the termination
It would be so much better if the states had to mirror federal employee laws, like OSHA and the Whistleblower laws for example. In some states state legislature has either removed jurisdiction from these laws or convoluted the process into a maze of loops and hoops so much with extremely short timelines that it is totally impossible to meet the deadlines and end up losing in court, mostly due to the statutory \ timeline issues.
Will the severance package have the reasons for termination? I brought up discrimination and reported safety issues and even called OSHA but my termination paperwork says I was tardy and insubordinate. Which is BS, should of been documented but I was just terminated without warning. Many people have been documented for much much worst. I'm just wondering what else they have internally. This is after 17 years of never an issue besides tardiness that were documented according to our written attendance policy "no steps in the attendance policy will be skipped"
Hello Mr. Robertson, I have a question. My company said they were sending the acknowledgement that we receive our severance documents. The severance says at the end. "NOTE: This Agreement is not valid if signed prior to the close of business on (Date of Term"). Does this mean everything in the agreement is not effective until after the date of termination? Thank you
Question: Been with a company for 6yrs. Was a great employee but the company decided to close that site. Given the employees a two month notice and the options to either transfer or accept a severance package. My package equal 10% of my annual income. ^^^That part sounds fair^^^ Three weeks before closing. About 80% of the employees were sent home with pay. Up until closing. While a handful of us remained working our regular schedule; making the same pay our co-workers was making for staying home or they had the option to make some extra by coming in. While if we didn’t show up. Not only were we not paid. We ran the risk of being fired! ^^^That part seemed unfair^^^ Should I accept my package and move on or challenge it?
Hello I was fired after 15 years working for this corporation .I’m 57 yrs old and I was only offered 3 months severance which I consider very little specially from a 4 billion Corp .any suggestions .
@@yulyvalencia4870 Hi , I did talk to a lawyer and he said that there was nothing to do unless you were a victim of some kind of discrimination. The law protects the employers not the employees..
My release was covid related and the severance letter is really suspect. With verbiage such as "Employer and Employee agree to end the termination". I'm not agreeing to end my termination and it's not worth 1 weeks' pay. Now way. I've already contacted a lawyer
@@smellycat264 I'm glad I never took the severance agreement. Others tried collection unemployment but because they signed the "Employer and employee agree to end" unemployment told those people it looks like they voluntarily left.
What if your employer made you sign termination paperwork and accept severance (in my case 6 weeks pay/ about $10k). I still haven’t received severance because they said I needed to turn in my laptop which I was unknowingly holding onto until I received severance. I returned it last week and I am awaiting severance pay out. Is there a way the company can get out of paying me because I signed the contract? Aren’t they legally bound to pay me out what was promised in the contract?
What about staying with a company 30 years. I worked a four year notice. Owner gave me company car. Can I negotiate for more at "official seeing off today?"
Can a severance pkg contract also include a stipulation that the person being fired or laid off will not seek work (on their own) with one of the company's current customers (usually for one yr)...have u run into this before?
Depends on where you are located. Non-compete agreements are allowed in some states, but not in others. With some exceptions, California does not permit agreements like this.
If 6 month salary is basically good for less the 10 years work but disabled is a different depending on case. Most of navy or military offered that so civilian should get the same to be fair
Hi there Branigan robertson 1 questions What about if you have benefits 40 hours of Personal days off And they pay u your 40 Hours? I was bullied at work I was fired for standing up for myself I'm just wondering if you could Recommend me to someone In Las Vegas Nevada. Thank you have a good day
If I would just want someone to read it (review it) about how much does that cost? Will the company find out? What if I wouldn't want to lawyer up but just have legal advice?
why would you offer a severance for a involuntary termination, if it wasn't a layoff? I think a severance in layoff is a sign of good faith. But if you fire an employee, you better have documentation to back you up. If you add a severance, that just makes the employer look bad doesn't it? It's just opening the door to hot water.
It seems to be more related to incentivizing the employee to take the money and give up direct litigation attempts. It’s how much they think it costs to keep you from tying them up in litigation and any bad optics that litigation may bring; it’s cheaper to pay an employee severance than to go into litigation. So, they pick the lowest amount that they think will convince you that litigation isn’t worth the risk (as he says, it’s a risk because you may gain nothing or owe money). It’s asking “is this money worth less than the risk of you getting nothing?” Is that 40% chance (random scenario) of gaining $60k, 50% chance of gaining $0, and 10% chance of owning $15k all worth more than the 100% chance of gaining $15k? You only need documentation to back up a termination if it was for cause. If it was provable no-cause “we just don’t like you” termination, then the severance is meant to say “just take this and promise to leave us alone because we don’t think you have any legitimate claim that says this was anything but what we terminated you for.” It’s like a wicked game of Who Wants to be a Millionaire. You could take a smaller payout, negotiate for a higher one, or try to win the grand prize. This wicked version has a percent chance of you owing a certain amount if you get a question wrong while trying to win the grand prize. Also, the grand prize is a mystery prize; you don’t know how much it’s worth. It could be less than one of the earlier negotiations. It could be more. So, how do you choose to play the game? Do you really think you know all of the correct answers with enough confidence to both avoid the chance of owing money and that the mystery prize is worth more than the offers?
Quick question: My last day from work is November 12 but I just found a new job and I will be starting November 8. The overlapping is only four days I do not want to lose my severance package because of my new job. Since my last day is November 12 despite the fact I had worked 20 years how do I approach it to HR what is my legal right? I am entitled to it I earn it the last 20 years . Any suggestion would be appreciate it
Do you also review out of state? I'm in Chicago and just got news today I'm getting let go from a fortune 100 company, been with them for 10 years, basically the only real job since being out of college. I'm waiting to hear about my severance. I'm not comfortable with how I was informed out of nowhere, not even my career counselor or immediate leadership were informed. I'm really hoping to get a review now that I've seen your video. Any info is appreciated.
@@shortcrypto7490 What do you mean? I was working for a startup whos main client was the Veterans Association and they dropped our application from their budget so we wound up losing our main source of income. The company laid off over 70% of its employees with zero severance.
Do you mean an oral contract for severance? Well, in theory, yes. But you'll never be able to enforce an oral contract that exceeds $500.00 because of the Statute of Frauds. Get it in writing.
@@braniganrobertsonlaw Usually there is no point in doing that. The company will make sure the severance agreement is lawful and thus you will only be wasting money on a lawyer. Best option is to just accept the termination and move on
@@Alagathevictor ummm, no. For so many reasons. No. Never assume something anyone gives u is structured legally or "fair". I wouldn't always hire a lawyer for it but don't accept the default without some critical thinking and counsel (formally or informally).
@@jasonjohnson3424 I think the company will be interested in closing the case. They don’t want to be sued. In my case they were generous and gave me more than I was entitled to, but it was a big company
@@Alagathevictor wonder if you watched the video. The company put the t&c to the best of company's interest. Not the employees. The try to find the least amount of money to have maximum protection of the company. Also, depending on the company, the legal team might not be that good to have all the right things in the contract. Unless you know you deserved to be cut, you should get at least some minimum help from the lawyer to review the severance.
I just Laid Off Today!!!!! After 5 years.. because of them C- word... They told me I’ll get a Severance check but I will call you when I see how much they’re willing to give... Thanks for this.
I have a sexual harrassment case at my work. I found out that HR and general manager covered up my report. The harasser and general manager are best friends. Now that i spoke to Corporate they had no odea what was really going on. So investigation with Corporate is going on for for months now and i am being written up for bogus stuff. I attained an atty last week. By phone because of Covid. She does not seem to have my best interest at heart. My atty suggests i go for a quick sererance pay. I have only been there a year at $16 an hour. My atty gets 35%. She suggests me to quit. During Covid there are no jobs in my profession at this point. I have watched all your videos and i have gotten more legal advise then my own atty. I need your help. I am in Boulder, Colorado. I work for a place named Tecomet. We have 12 other branches in the U.S. i am being being retaliated against. I know you may not be able to help me but do you know of a contigency atty in Colorado. Please help me i have never really met my new atty. Only by phone. I think i made a bad mistake with her. Thank you. My number is 970-631-1516. My email is: morgantina21@yahoo.com. please help me. Thank you for your great advice! We make medical equipment. I love my job but i am being isolated by the office people telling other employees not to talk to me. They are almost stalking me. Trying to get me to quit my job. I will not at this point because of unemployment and covid. Please please please help me!
@@tinalakowsky8379 I hope everything worked out for you and you found an attorney that understands and you're comfortable with. It's terrible how there treating you and what you're going through. Don't give up sweetie. Keep fighting it with be worth it at the end 💞
I got fired after working there for 5yrs and I didn’t get my last check or severance pay 💰 What should I do? Can you help me. It’s been 3yrs and still no check
I have worked for a company as Engineer of Record for about three months. The owners recently sold the company accepted a two year continued employment contract and laid off the staff with one weeks notice. I work in Illinois. How much should my severance package be?
Do you know how that works ? I’m nearing the deadline to file my lawsuit, I had been told I had to wait for the union to arbitrate, well that has drug out and isn’t finished. I haven’t found an attorney and am running out of time 😏 Any advice ?
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my former employer was being sued in a class action suit under labor codes. I received a letter and went to talk to the employment atty. 2 weeks later i was called not to goto work , i called the next day to for my schedule my boss said she would call me back and never did.
I like the way how this attorney speaks, very erudite and very empathetic
Just fired and just offered severance! Thank you brother!
Been at my company 30 years, two years ago they started harassing me saying I was a low performer, after decades of good reviews and promotions. This came at a time they stopped offering the pension to new employees, and then went on a hiring soree. So I am in the pension plan and would currently get 60% of my income as my pension. I will be 55 in two months. I would like to work there 7 more years. It's obvious they are going on a campaign to get rid of the remaining 8% of the workforce that have significant accrued retirement benefits. Thoughts?
I get a pension also and my company laid me off after 18 years , but i still get a pension from them after I reach 65, they ended up paying me a severance of 30k and our union signed us up for unemployment and this was happening when covid hit so we ended up getting the covid pay out of 600 a week on top of that weekly amount we were already getting it was a sweet short-term deal
Hey bud, what ever happened?
Retaliation for complaining of non payment of overtime? My fellow employee was the most productive employee and he was fired for complaining that he didn't get paid his overtime
Hi sir.
I've been in my job 3 years already. I am being laid off due to covid 19 pandemic but after 12 weeks, my employer did not resume my employment, my question is, is it possible that i can get my severance payment eventhough i didn't sign any contract with my 3 years working in the company?
No
The amount of money you get will depend on how long you worked for the company. Usually that is governed by law. The termination is legitimate and any company has the right to execute the termination
I worked for my company for 1 year and got 4 months of my salary and prorated bonus
It would be so much better if the states had to mirror federal employee laws, like OSHA and the Whistleblower laws for example. In some states state legislature has either removed jurisdiction from these laws or convoluted the process into a maze of loops and hoops so much with extremely short timelines that it is totally impossible to meet the deadlines and end up losing in court, mostly due to the statutory \ timeline issues.
Will the severance package have the reasons for termination? I brought up discrimination and reported safety issues and even called OSHA but my termination paperwork says I was tardy and insubordinate. Which is BS, should of been documented but I was just terminated without warning. Many people have been documented for much much worst. I'm just wondering what else they have internally. This is after 17 years of never an issue besides tardiness that were documented according to our written attendance policy "no steps in the attendance policy will be skipped"
Hello Mr. Robertson, I have a question. My company said they were sending the acknowledgement that we receive our severance documents. The severance says at the end. "NOTE: This Agreement is not valid if signed prior to the close of business on (Date of Term"). Does this mean everything in the agreement is not effective until after the date of termination? Thank you
What if I just got asked to leave without signing any paperwork
Question: Been with a company for 6yrs. Was a great employee but the company decided to close that site. Given the employees a two month notice and the options to either transfer or accept a severance package. My package equal 10% of my annual income.
^^^That part sounds fair^^^
Three weeks before closing. About 80% of the employees were sent home with pay. Up until closing. While a handful of us remained working our regular schedule; making the same pay our co-workers was making for staying home or they had the option to make some extra by coming in. While if we didn’t show up. Not only were we not paid. We ran the risk of being fired!
^^^That part seemed unfair^^^
Should I accept my package and move on or challenge it?
why does severence get taxed so much?.. 37.5%
But Florida don’t have
The law to prtec employees
Hello I was fired after 15 years working for this corporation .I’m 57 yrs old and I was only offered 3 months severance which I consider very little specially from a 4 billion Corp .any suggestions .
Watch my other videos on severance.
@@braniganrobertsonlaw I'm based in Florida it seems that employees have no rights here what so ever...
Hi Did you find a good lawyer in Florida?? I'm going thru similar situation after 15 years been terminated without a reason under at will law
@@yulyvalencia4870 Hi , I did talk to a lawyer and he said that there was nothing to do unless you were a victim of some kind of discrimination. The law protects the employers not the employees..
@@22waffen what about the monetary aspect of it? What did the attorney say about the amount of money and options for that part?
I had been fired in retaliation but i want to arbitration ...can i revive the firing..
Great video! Thank you for your amazing explanations
My release was covid related and the severance letter is really suspect. With verbiage such as "Employer and Employee agree to end the termination". I'm not agreeing to end my termination and it's not worth 1 weeks' pay. Now way. I've already contacted a lawyer
Exactly!!! They did some BS with me. Offered me 500 bucks like wtff
@@smellycat264 I'm glad I never took the severance agreement. Others tried collection unemployment but because they signed the "Employer and employee agree to end" unemployment told those people it looks like they voluntarily left.
Super helpful - thanks for posting this.
How long do you have to sue for an injury case before statue of limitations goes into effect?
LawyeR sez call a lAwyer😂😂
What if your employer made you sign termination paperwork and accept severance (in my case 6 weeks pay/ about $10k). I still haven’t received severance because they said I needed to turn in my laptop which I was unknowingly holding onto until I received severance. I returned it last week and I am awaiting severance pay out. Is there a way the company can get out of paying me because I signed the contract? Aren’t they legally bound to pay me out what was promised in the contract?
Unless I was 41 years old to being summon upon a food service traits. Brought me here THANKS 👍👋
What about staying with a company 30 years. I worked a four year notice. Owner gave me company car. Can I negotiate for more at "official seeing off today?"
Can a severance pkg contract also include a stipulation that the person being fired or laid off will not seek work (on their own) with one of the company's current customers (usually for one yr)...have u run into this before?
Depends on where you are located. Non-compete agreements are allowed in some states, but not in others. With some exceptions, California does not permit agreements like this.
What if you don't sign anything and they automatically deposit it in your account
Damn
Good question
If 6 month salary is basically good for less the 10 years work but disabled is a different depending on case. Most of navy or military offered that so civilian should get the same to be fair
I think some one worked behind the scene through my naval release after the explosion and then mistreated by va doctor and I only suffered so much
Hi there
Branigan robertson
1 questions
What about if you have benefits
40 hours of Personal days off And they pay u your 40 Hours?
I was bullied at work I was fired for standing up for myself I'm just wondering if you could Recommend me to someone In Las Vegas Nevada.
Thank you have a good day
Well explained!👍👏❤️
How we can direct talk to the liable parties instead of third parties because it involved national security and so much sensitively in the situation
You have a great stage presence
Thank you!
No need for a necktie. Your talking is doing the business. White shirt would look just elegant. Good luck! I also enjoyed the video.
In case of severence amount what we got , can we declare severence amount to next employer for tax calculation.?
I don't know, that question should be directed to your CPA/tax professional.
I’m in the mediation process eeoc vs my former employer I have no lawyer I will see what they offer
Better to just talk to HA and have them show up at the ceo's place and have them teach him some manners ;)
If I would just want someone to read it (review it) about how much does that cost? Will the company find out? What if I wouldn't want to lawyer up but just have legal advice?
Hey wht about thm job only giving you 20 hrs for a month
Great information thanks
Waiting from EEOC notification and from my attorney
Question: If I quit my job do I have d same rights to severance as if I wud get fired?
why would you offer a severance for a involuntary termination, if it wasn't a layoff? I think a severance in layoff is a sign of good faith. But if you fire an employee, you better have documentation to back you up. If you add a severance, that just makes the employer look bad doesn't it? It's just opening the door to hot water.
It seems to be more related to incentivizing the employee to take the money and give up direct litigation attempts. It’s how much they think it costs to keep you from tying them up in litigation and any bad optics that litigation may bring; it’s cheaper to pay an employee severance than to go into litigation. So, they pick the lowest amount that they think will convince you that litigation isn’t worth the risk (as he says, it’s a risk because you may gain nothing or owe money). It’s asking “is this money worth less than the risk of you getting nothing?” Is that 40% chance (random scenario) of gaining $60k, 50% chance of gaining $0, and 10% chance of owning $15k all worth more than the 100% chance of gaining $15k?
You only need documentation to back up a termination if it was for cause. If it was provable no-cause “we just don’t like you” termination, then the severance is meant to say “just take this and promise to leave us alone because we don’t think you have any legitimate claim that says this was anything but what we terminated you for.”
It’s like a wicked game of Who Wants to be a Millionaire. You could take a smaller payout, negotiate for a higher one, or try to win the grand prize. This wicked version has a percent chance of you owing a certain amount if you get a question wrong while trying to win the grand prize. Also, the grand prize is a mystery prize; you don’t know how much it’s worth. It could be less than one of the earlier negotiations. It could be more.
So, how do you choose to play the game? Do you really think you know all of the correct answers with enough confidence to both avoid the chance of owing money and that the mystery prize is worth more than the offers?
This was 5 years ago inflation 9% needs to be added
Company I've been at years is closing and our main customer is going to lease our place. Any advice?
Great information, thank you very much! Love from Canada!🙂👍
Quick question: My last day from work is November 12 but I just found a new job and I will be starting November 8. The overlapping is only four days I do not want to lose my severance package because of my new job. Since my last day is November 12 despite the fact I had worked 20 years how do I approach it to HR what is my legal right? I am entitled to it I earn it the last 20 years . Any suggestion would be appreciate it
Delay start date??
Do you also review out of state? I'm in Chicago and just got news today I'm getting let go from a fortune 100 company, been with them for 10 years, basically the only real job since being out of college. I'm waiting to hear about my severance. I'm not comfortable with how I was informed out of nowhere, not even my career counselor or immediate leadership were informed. I'm really hoping to get a review now that I've seen your video. Any info is appreciated.
Sorry, I can't help anyone out of state. Lawyers are only licensed on a state by state basis.
What if you're laid off but you aren't offered severance?
thats not laid off then
@@shortcrypto7490 What do you mean? I was working for a startup whos main client was the Veterans Association and they dropped our application from their budget so we wound up losing our main source of income. The company laid off over 70% of its employees with zero severance.
In my function report..
You are cute 😊
👍👏🙏
Can we get severance if we quit
Update
$10 million
*
If my company closing to plant?
WAS A SAVARANCE OFFERED?
Experience Matters
Do lawyers ever lose in discrimination cases
Of course.
Perseverance
Can a severance be verbal?
Do you mean an oral contract for severance? Well, in theory, yes. But you'll never be able to enforce an oral contract that exceeds $500.00 because of the Statute of Frauds. Get it in writing.
If I get laid off and don't want to sign the severance agreement, should I tell my employer that I am having my lawyer review the agreement?
Yeah, that is fine.
@@braniganrobertsonlaw Usually there is no point in doing that. The company will make sure the severance agreement is lawful and thus you will only be wasting money on a lawyer. Best option is to just accept the termination and move on
@@Alagathevictor ummm, no. For so many reasons. No. Never assume something anyone gives u is structured legally or "fair". I wouldn't always hire a lawyer for it but don't accept the default without some critical thinking and counsel (formally or informally).
@@jasonjohnson3424 I think the company will be interested in closing the case. They don’t want to be sued. In my case they were generous and gave me more than I was entitled to, but it was a big company
@@Alagathevictor wonder if you watched the video. The company put the t&c to the best of company's interest. Not the employees. The try to find the least amount of money to have maximum protection of the company. Also, depending on the company, the legal team might not be that good to have all the right things in the contract. Unless you know you deserved to be cut, you should get at least some minimum help from the lawyer to review the severance.
I found this video to be CLICKBAIT
How? Pretty good advice.
I just Laid Off Today!!!!! After 5 years.. because of them C- word... They told me I’ll get a Severance check but I will call you when I see how much they’re willing to give... Thanks for this.
You need a letter on the day of termination outlining the money and tour agreement not to sue etcm... this is suspect.
I have a sexual harrassment case at my work. I found out that HR and general manager covered up my report. The harasser and general manager are best friends. Now that i spoke to Corporate they had no odea what was really going on. So investigation with Corporate is going on for for months now and i am being written up for bogus stuff. I attained an atty last week. By phone because of Covid. She does not seem to have my best interest at heart. My atty suggests i go for a quick sererance pay. I have only been there a year at $16 an hour. My atty gets 35%. She suggests me to quit. During Covid there are no jobs in my profession at this point. I have watched all your videos and i have gotten more legal advise then my own atty. I need your help. I am in Boulder, Colorado. I work for a place named Tecomet. We have 12 other branches in the U.S. i am being being retaliated against. I know you may not be able to help me but do you know of a contigency atty in Colorado. Please help me i have never really met my new atty. Only by phone. I think i made a bad mistake with her. Thank you. My number is 970-631-1516. My email is: morgantina21@yahoo.com. please help me. Thank you for your great advice! We make medical equipment. I love my job but i am being isolated by the office people telling other employees not to talk to me. They are almost stalking me. Trying to get me to quit my job. I will not at this point because of unemployment and covid. Please please please help me!
@@tinalakowsky8379 I hope everything worked out for you and you found an attorney that understands and you're comfortable with. It's terrible how there treating you and what you're going through. Don't give up sweetie. Keep fighting it with be worth it at the end 💞
Full of bullcrap..
I got fired after working there for 5yrs and I didn’t get my last check or severance pay 💰
What should I do? Can you help me.
It’s been 3yrs and still no check
I have worked for a company as Engineer of Record for about three months. The owners recently sold the company accepted a two year continued employment contract and laid off the staff with one weeks notice. I work in Illinois. How much should my severance package be?
How much was it haha
Your in my space ..
Excellent commentary 👌🏾
25 years and only 90k? Was he workIng in mexico
Deadlines are bogus.. u can ask for extensions as well..
Do you know how that works ? I’m nearing the deadline to file my lawsuit, I had been told I had to wait for the union to arbitrate, well that has drug out and isn’t finished. I haven’t found an attorney and am running out of time 😏
Any advice ?
@@rnupnorthbrrrsm6123 union cases are different. I am speaking about non union... a lawyer can advise you
@@rnupnorthbrrrsm6123 what happened with that? Did you get to Arbitration? How did things roll out?
What do you want from me?