minniecarousel
Chris Isaak fan
- Joined
- Jul 13, 2000
He could always have a lawyer check the paperwork, but there's probably nothing he can do. The timing sucks! I hope something comes about for him soon.
A complete copy of a personnel file from HR isn’t going to happen and they do not have to provide it. He would be allowed to see it in the presence of HR or a supervisor, but will not be allowed to copy anything. He should be aware of everything in it and should have made copies as he was given things such as appraisals. I know hindsight, but truth.^^^This is spot on. He should get a complete copy of his personnel file from HR, he should also have a copy of the current Employee Handbook. Contact an employment law attorney and discuss this with the attorney. You probably have little recourse, but this way you will know for sure.
I went through this 12 years ago. I consulted an attorney, which you may want to do.
His advice, move on. His reasons. Legal action is likely going to take about 10 years to final resolution. And taking legal action against an employer will be public information and may make you unemployable because a new employer doesn't want to take a chance on you. How are you going to live in the meantime.
I don't know about your state, but in Michigan employers are obligated to allow current and former employees to view and make copies of their employment file. It the employer cannot make reasonable accommodations to make this happen, they are obliged to provide a copy of the record at no cost.A complete copy of a personnel file from HR isn’t going to happen and they do not have to provide it. He would be allowed to see it in the presence of HR or a supervisor, but will not be allowed to copy anything. He should be aware of everything in it and should have made copies as he was given things such as appraisals. I know hindsight, but truth.
Yes, NDAS are common, as they should be. If something can be settled before getting to trial, that's a win for everyone. But as the lawyer I consulted (who specialized in employment law), these cases rarely move quickly.Both of those seem like very much worst-case scenario outcomes. Most employment cases are settled with NDAs and are not only not public record, they are confidential. And unless the company and employee have a massive case and deep pockets, most are settled very quickly. If OP’s husband is being treated unfairly or illegally, inquiring via an attorney is not a bad idea in my opinion, to see what may be shaken loose.
While I agree eveyone should know what is in and have copies that's not always the case. As another user pointed out, access to your file varies greatly by State.A complete copy of a personnel file from HR isn’t going to happen and they do not have to provide it....
My opinion is to definitely consult a lawyer. I had a very similar thing happen to an old boss/friend of mine (personality conflicts - high performance) and she said that bringing the lawyer in made a HUGE difference in the amount of her severance package - hundreds of thousands of dollars more. While she didn't tell me the exact amount, she said that the offer from the company is definitely negotiable and that having a lawyer there made her feel much more secure when she signed off on the acceptance letter. She said that even if the offer hadn't changed, she would still recommend the lawyer. The retainer and fee is absolutely worth the peace of mind.
Hubby being let go from software company where he has worked for over 20 years. New management doesn't like him and despite over 20 years of excellent annual reviews and promotions and awards and raises, he's being terminated. After meeting with human resources, he is being offered a piss poor exit package- granted there is nothing in his employment contract about what an employee who is terminated should receive. Do we have any recourse? Should he try to counter offer? Lawyer? It's a scary time for our family. And others that were terminated recently with less seniority got better packages.
I'm really sorry you're going through this.
You could see if the offer is negotiable. Are there specific reasons they are giving your husband for the amount he was offered? From what I read depending on how the severance package is given (lump sum vs payments) it's possible to apply for unemployment. You may check your state rules regarding unemployment. While you may not be able to get actual records from HR if he was able to apply for unemployment speaking towards the annual reviews, the raises and promotions, etc would be pertinent information. If you are in an at-will state unless they are doing something against employment laws they can terminate without cause.
It all depends on state laws which is why I put that comment in there. OP should be checking with their state since that's all that actually matters.I looked up the laws in my state, and if there’s an active lawsuit the obligation to provide employment records goes away. I suppose they could still be subpoenaed.
In my personal experience, I took severance over two months one time, which was recommended to reduce withholding. Unemployment didn’t care about it since it was an obligation that wasn’t considered regular pay. This is what I saw:
http://www.edd.ca.gov/unemployment/FAQ_-_Collecting_Benefits.htm
Severance pay is not deducted from unemployment insurance benefits and does not affect your eligibility to receive benefits. The method of payment, such as a lump sum payment or payments paid to you at regular pay period intervals does not change the nature of the payment. However, you must report severance pay at the time you file your unemployment insurance claim.
- How does severance pay affect my eligibility to receive unemployment insurance benefits?
At my company, when you sign a severance agreement you waive the right to sue. So going that route is risking ending up with nothing.
Since this is Mass. I think I will encourage him to at least request his personal file just to make sure there are no surprises. And he's checked the employee handbook but nothing much there. Like the post above, his company is the type in the past that layed off without warning and the employee would pack under security's watchful eye then be escorted off the property- glad that this isn't my husband's case as they want him to delegate some of his work til they hire someone at a cheaper rate. Sigh- in the meantime we all have dentist visits and eye exams in next several weeks! Thanks for all the advice.