The factory I work in is shutting down. I've been through company layoffs and shutdowns before. I've never seen anything like this. The company that bought us out gave each of us a packet of legal paperwork. It states that by signing, we release them from any claims arising from any company policy or state law. It also states that if not signed, we waive our right to payment of severance, accrued unused vacation time, and that they may contest our claim to unemployment benefits. I'm no attorney, but can my unwitnessed, non-notarized signature release them from adherence to state laws? Also, as a factory shutdown, my termination of employment is obviously through no fault of my own. Also I have not had a write-up or other significant report that would constitute a breach of employment. Have never even missed a day or been late. So if the paper is not signed, could my unemployment claim be contested on any grounds? I live in North Carolina, a right to work state, but we still have certain rights, I'd say. Any help?
Any legal guys here that might help?
- Thread starter ozzmonaut
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I'd ask at the unemployment office in your town. They probably have seen this type of thing before.
I AM NOT A LAWYER.......but these articles may help.
http://www.nolo.com/legal-encyclopedia/sign-release-when-lose-job-33597.html
http://www.canmybossdothat.com/category.php?id=185
Items that I found from reading these articles.
-If you are over 40, then you get 21 days to review the agreement plus 7 days after signing to withdraw your signature.
-If your employment contract or handbook already offers Severance, then make sure you are receiving more to sign $$ the agreement.
-Check to make sure that any retirement or insurance benefits owed to you are in the agreement.
http://www.nolo.com/legal-encyclopedia/sign-release-when-lose-job-33597.html
http://www.canmybossdothat.com/category.php?id=185
Items that I found from reading these articles.
-If you are over 40, then you get 21 days to review the agreement plus 7 days after signing to withdraw your signature.
-If your employment contract or handbook already offers Severance, then make sure you are receiving more to sign $$ the agreement.
-Check to make sure that any retirement or insurance benefits owed to you are in the agreement.
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I'd contact a lawyer and have them look over the papers before signing anything. Better to be safe than sorry.
I believe it depends on the original terms of employment. Under normal circumstances the lack of your signature can't obligate you, but an existing contractual obligation could change that. I agree with having a lawyer take a look.
