BBC News Navigation
For example, if the company wants you to say you quit and you are being laid off, are you still eligible for unemployment? Be sure to check your State Unemployment regulations. Another major concern is giving up your employee rights to any benefits, monies due bonus, stock, equity , EEOC and unlawful termination claims or any rights to sue in exchange for a financial settlement. These types of termination arrangements are often referred to as separation agreements and should reviewed by an attorney or at the very least considered carefully before signing your consent.
If you refuse to sign your termination paperwork, your ex-employer will not be happy. Maybe not, though it is always best to leave on good terms and there may be a win-win solution. By including this caveat, you leave little doubt about why you are signing the document. There is no admission of guilt or agreement on why the company is terminating your services. Ask the company to make a copy of your termination paperwork for your records.
Remember though, if you do not ask, you will never receive what you want. There are companies who terminate people in many ways — by phone, fax or e-mail — all without signatures required.
Companies cannot withhold your final paycheck for not signing a termination notice. If they do, contact your local Department of Labor. Some states require employers to have the final paycheck at the time of termination. Employees who are in a union or are under an employment agreement will have a defined process in their contract and should refer to it for the correct procedure.
I get a lot of questions on this post for specific advice. There is always more to the story and that requires me to work with people individually in a coaching session. She works with individuals to accelerate their career advancement and organizations to fast track leadership skill development. Start your discovery process by contacting her at This was really informative Lynn. I have seen many employees go through this process and just sign away without really reading any documentation or understand what they are signing.
The end result was usually that they were not able to file for unemployment because of the nature of the termination. The employee was never able to fight it since the company had signed documentation to back them up. I will definitely share these tools with staff when I am approached with questions. I experienced a similar situation, not knowing what to do, at time of downsizing. This post will save a lot of people some stress and frustration.
Most states allow employees to revoke their separation agreement by signature within days If remuneration is offered. Most juries will agree that employees are signing under mental duress. This seems to be standard now. I agree that you should always be congenial and cordial no matter how the company is treating you, by doing so you will maintain your dignity, and hope fully gain their respect. When an employee either acts out verbally or becomes disruptive, most managers will feel like they made the right decision letting them go!
It does the departing party no good. Thanks Lynn for a great article, on a tough subject. You are always able to present a touchy subject in a positive way. So here is my question. I recentley got terminated from a job, I since have a new one. BUt when I was released, my boss ex boss had me fill out and sign my own seperation form, as he stood over watched and prompted me what to write.
Admittedly, I was so angry and not thinking straight and just wanted to get my check and leave before I mopped the floor with him, as anyone would.
I know he probably took advantage of the situaion to avoid paying unemploymet, but my question is, can he do that? Prompt me on what to say? I live in Oregon if it helps. Brian, Congratulations on the new job. The approach your old boss took may or not have been illegal depending on the situation.
If anyone finds themselves in these kinds of situations, my advice is to let your employer that the news of your termination is a shock and that you need to talk to someone else before writing or signing any documents. When you are in these kinds of situations, thinking straight is not at the top of the list because you are stressed and confused.
In the United States is not common to ask for or receive a work experience letter from the company. What a company says will depend on your experience with them. All employment should be included on a job application, what you put on your resume may be different. However, if there is a discrepancy, you will need to account for it and the company may or may not understand why you were not forthcoming.
Plzz give me your advice. They are presenting you with a document to simply protect themselves and if possible make your life harder. I would agree not to sign anything until you have read, understood and agree with what you sign. There are many situations where signing is the right step to move on, get additional benefits and come to a mutual agreement why you have left.
I was terminated from a director level position for being careless with my expenses i. They said, consider us even. You are definitely in a major jam. If you have not sought advice from an employment attorney, I would see one pronto. They may be able to help you with recovering the monies from the event — hopefully you have a paper trail on that since it was recent. You need to have someone attorney talk to the company on your behalf, this is not a conversation you should have given the circumstances.
If you signed the agreement recently, again, the attorney may be able to help you depending on the state you live in. I was on employment insurance for a month, then I accept this job. The owner pair me up with one very rude employee recruited from jamaica under contract work, who is really abusive verbally, he will yell and scream on me. No employee have last long in this small operated at home business.
After working 3 weeks, the owner tell me to take 3 days off study the equipment on my own time at home. Back on Tuesday for 1 hour, then tell me to go home for 2 more days.
Then call me to come back just to tell me that I will be separated from the company. He reads about disclosure for company secret and I told him I never disclose anything.
He said he mean not disclosing it. If there is something I disagree but I already sign it, can I do something? Can he forces employee to sign it without let them read, is this illegal?
This mean employee that was yelling at me at work all the time, can I complain to the human right? I can not give you specific advice because there are many questions I would ask someone in your situation and sometimes the state you live in makes a difference on what you can and can not do. However, there are a few things I can comment on:. Any employer who reads something to you and does not let you read it yourself or have a someone else who does not work for the employer read it to you on your behalf is not looking out for your best interests.
I realize you wanted to get out of there but not getting your copy will make things more difficult. The company may or may not give you a copy. If you gave away rights such as you signed a letter of resignation, you will have a more difficult time collecting unemployment.
Make sure you file and contest if you get denied. I have several articles on here outlining the process for contesting unemployment or you can get my What to Do After Being Fired eBook. They will request facts, conversations or actions document, dates and witnesses who will speak on your behalf. What you do depends on the laws in your area. Visit or contact your local job services or unemployment office for help.
I have been told my job is being eliminated and that since my employer is a c 3 they do not have to pay for unemployment insurance. I know they will be requiring a separation agreement. Most of these types of agreements I have helped draft my boss is the in-house counsel have indicated it is mutually agreed upon.
I am no way in agreement of this termination without cause or based upon any wrongful act on my part. Can I state on the pre-written agreement what I am in agreement with if not all of what is stated?
If I sign this agreement am eligible for unemployment benefits? You may want to check out this article from Guide Star: Alternatives to Unemployment Taxes for c 3 s. While any advice you find has a caveat that you need to double and triple check, your organization will have to pay unemployment insurance one way or another.
It is highly unlikely that your employer will agree to something that is contrary to why the mutual agreement is being signed. If you are concerned, run it by them before signing it. I read this 11 before and have read it again. The question of eligibility benefits due to termination because of church status needs to addressed with the local unemployment office.
I oversaw the functions of two Divisions. One evening I was involved in a car accident on company property of which was not my fault. The GM of the division I was driving on demanded I take a drug test. Company policy states drug tests are given only if there are injuries.
My accident had no injuries. I was sent a copy of the email where this person told others for me to take the drug test. I was humiliated because of my position and that the word leaked out to all employees. I took the drug test to prove my innocence and I passed. I was now being told this individual wanted to replace me. I had support from my regional team and my other boss. They basically said to deal with her. Mind here that I have always received above average reviews and accommodations up to this point.
I saw it was now going to be an uphill battle with this individual So I requested a Mutually Agreed Seperation. I was given the Mutually Agreed Upon Seperation within days then let go. It paid for my benefits and wages for a decent amount of time.
Since then my asst that makes half my wage was put into the position.. My question is do I have any recourse here 18 months later? I even asked for a transfer during this time but none where available. It came down to take the package or get into an altercation, impossible work task, etc… then get fired. I also believe if this individual had not screwed up by sending me to take the test I would have never been offered a Mutually Agreed Upon Seperation.
Any assistance is appreciated. The questions you ask are reasonable though require a more thorough examination of your situation and agreement to get good advice. It is something you should discuss with a professional — either an attorney or HR career expert.
If you would like me to work through this with you personally, I work with clients on these kinds of situations. Feel free to review my services at http: One and the half month ago, i joined a new company with a signed employment contract.
Up to date, i have no received any salary but received a termination letter and an offer letter in other email. The termination letter mentioned they are pleased with my performance and happy to work with me, only mentioned the decision was made due to the change in company. Pleas advise what i shall do next. I would advise asking an employment attorney since you reside in the U.
Employment contracts vary greatly by country and whether they can be modified. Let us know how it turns out to help others in similiar situations. My husband just got let go a week ago. The very small firm that he was with let him go just 2 weeks before the 5-month mark before he was eligible for a sign-on bonus.
His former boss was erratic, confrontational, and extremely unpleasant to work with. The boss never gave him a good reason for releasing him — something about needing someone who could travel more; on the separation agreement, there was a lot of legal mumble jumble — non-compete clause, indemnification clause, etc. The boss wanted it signed within 7 days. The whole thing just seems fishy to me.
It seems like a standard agreement to me, but we have no other experience with this sort of thing. Is he afraid of being sued? Hello Chris, Your husband is in a sticky situation. To be honest, any one giving you advice without knowing more of the facts and seeing the documents is not being professional.
However, there are a few things he can do. Contact your local unemployement office and ask them if what is being said as the reason for termination qualifies for unemployment benefits. This does not mean that his employer will grant it, they may contest it…and that is a different issue. I have the experience being a former HR VP about what should be done. My 90 Minute Power Coaching Session is an ideal solution because he can send background information and his separation agreement before we speak by phone.
Those facts will define the appropriate steps to take and in what order. I realize that money is tight, but if you get a positive result, it was well worth the investment. Kate, your employer is asking for you to waive your right to file claim. Whether or not it is enforceable depends on a number of factors. Here is a link to: When in doubt, consult an employment attorney before signing your agreement. I was terminated from my job this morning. This all came out of nowhere.
I did not sign them, but do I have a right to those papers? Usually a company provides employees copies you may have to ask of discplinary actions at the time of discussion — the process would be outlined in a company handbook or policy.
However, once an employee is terminated, companies do not feel compelled to give this information to ex-employees unless they are directed by a law judge or the court because of action being taken against the termination.
The time to get that information was before you left the company and sometimes that is not possible. After years of employment, I was asked to sign a non-compete agreement. I ended up signing the agreement.
However, 12 days later they fired me. Is the agreement still valid in WA? MGC, I would get the advice of an employment attorney in your state since non-compete agreements vary by state. There are some states that require compensation if your non-compete prevents you from finding employment because of highly specialized skills.
As for validity, the attorney will review with you the circumstances leading up to both events and advise you. Can my ex employer withold my final paycheck until I sign a termination agreement? He is threatening to claim that I caused the company harm if I sue. Mary — Your employer can not hold your final paycheck for hours worked because you have not signed off on a termination agreement. Employers can withhold severance if the severance is connected with the agreeement.
Contact your local unemployment office for help or an attorney to help you. My last employer tried to get me to sign a termination paper with the top half not filled in. I told her your firing me so there is no point nor benefit of me signing that.
Look if someone is terminating you why the hell sign it…. Ultimately the only one going to look out for you is you. Last week I was terminated from my job. My manager said it was for insufficiency. However, just last month, my big boss came into my office and told me what an asset I was to his company. Also, I told the company the week before that I was pregnant.
Six months ago, they fired one of my co-workersfor being late — 2 weeks after she told them she was pregnant. My question is this. Do I have a legal right to rescind my signature on the document? Evidently it has verbage about not filing for unemployment. It would seem that the separate document I refused to sign would be misleading in that I believed it was a separate issue from the paper signed.
Laura, The best scenerio is to find an attorney or legal aid pronto who can help you and go to your unemployment office and let them know what has happened. Your employer must provide you with a copy of the signed agreement and allow you time to rescind it if it states 1 you have quit vs.
If you were in fact terminated, I do not believe they can ask you to sign away your unemployment benefits — however states may vary. Thank you so much for your response. I have sent a request for a copy of the paper I signed. My next question to you is this. Where would I find a sample of a letter Texas to rescind my signature? I am not sure what forms you will need for your state.
You have probaly googled it by now. Normally, you want to be very specific about what you are asking for and to send the copy by certified mail. During my six year tenure with my employer, I believe my problem began when they hired a new manager 3 year ago. I was offended by her comments and took that as racial profiling me. I was also told by my manager that I did not meet there standards, but my employee review has high marks. I discovered that I did not get a raise or bonus when everyone else did.
I believe my manager retaliated against me by decreasing my work load thus justify a way for termination. I filed a complaint against my former employer with EEOC and the doctrine is now in hand of the Office of Human Rights mediation process.
I just went through a mediation today held at the Office of Human Rights. We have not come to an agreement. However, I did sign the separation agreement. I was forced into signing the document in order to receive the severance pay. Although the separation letter stated that I resigned from my position the company still offered me a severance pay perhaps to shut me up. I found the wording a little suspicious. I did not resign from my position but was wrongfully terminated.
I requested to change the wording for accuracy but the human resource manager annoyingly said that if they change the document in anyway then they will take away the severance pay.
The statement above is just a fraction of what I have experienced with this company. I began documenting every detail of mistreatment. I have printed hard copies of all the email, employee reviews, dated and time with names for proof of evidence. Apparently this company has had many employees sue them for discrimination, gender, age. Geo, Cases such as yours are very complex. There is no one that can tell you if you have an case without going through everything much more thoroughly.
However, that being said, if the EEOC has taken your case, they must believe there is something to it. They are understaffed and reject more cases than they take on. Regarding the separation agreement — there is no reason you have to sign on the spot. In fact, separation letters that require you to give up something in return for payment separation pay have a built in review period for you to do just that.
In your situation, you gave up being terminated by the company vs. At face value, that sounds like a sweet deal and in most cases it is beneficial to the departing employee.
Where it becomes more difficult is if the company is violating other state or federal laws. I work for a global corporation and was suspended 2 days ago for 3 days without pay because a coworker said I threatened him.
It was backed up by 2 other workers who have been in cohoots with him ever since i was made a shift leader. Another a woman , went in and said the same thing and also complained that I did not talk to her in ways that she wanted to be talked to i.
I have to ask her please to do her job and to say thank you everytime I asked her to do her job. The male also made another complaint that I was discriminating against him because I would not ask him to work weekends. The company called me into HR and told me an investigation was being done against me on these matters. Days later they called me back in and told me the investigation is over and they proved that these coworkers had lied.
I filed a harassment complaint against the male 1st. He also went around and told other coworkers I was getting fired because he called the corporate office over 10 times on this matter. He was also trying to stir things up on a daily basis with his snide comments outloudly about me, which I tried to ignore. And not to mention the fact that he blatantely lied about me leaving work. After hearing what his punishment turned out to be comical I didnt even attempt to file 1 against the other.
Since that period, the male has constantly made remarks still. I have told my boss and upper management about this as has another leader has. With no attempt on their part to correct it. Which leads to the suspension. After hearing that he went to my boss to tell him that I dont do any work, I actually work part of 1st shift and all of second, I approached him to tell him what I do and dont do is none of his business. He told me it was his business. I responded with, if you want to invite me outside, I will go.
Of the 8 people working in our dept. The male, the woman and another male. Remarkably, they all had the same story this time. The other male standing 15 feet away only heard the same thing without hearing any of the other things. Another worker standing 15 feet away didnt hear a word of it all because of the noise level.
At no point did HR call me into the office for my side. Only to tell me I was suspended. After the fact, did 1 boss start to question some other workers as I was leaving. I have lost many hours of works due to the stress this man has caused; not to mention being labeled as a threatening person when I threatened no one, yet the company keeps allowing this individual to stir the pot at every chance he gets. As has the HR dept. You have a complicated situation that has escalated into a turf war.
Rarely does this situation get better without some dramatic change in approach and behavior. While this is not exactly your situation, I would be asking some similar questions in this post: What to do when your boss wants to fire you. I was a general manager for a major fast food restaurant. I had been with the company for over 2 years with no documentation.
I received documentation from my employer stating that cash deposits were being taken late to the bank. My boss came in on a Friday evening and informed me he was letting me go due to a missing deposit that had not made it to the bank on a day I was not scheduled to work. After filing for unemployment, the company changed what they told me and informed unemployment that I had a deposit to go to the bank late instead of a missing deposit. What do I do if I was told one thing at separation then informed another during the unemployment hearing.
The devil is always in the details when it comes to defending yourself in a hearing where the employer may not be telling the whole truth. Refer to this post: Any employment attorney could help you with your case too. I would suspect you have a good chance of beating it with the right approach. I want to know if it is not stated in the paper work why I was terminated just that I was I dont know the reason so when I have my interview will I be denied because I dont know.
Employers often state if the termination is voluntary or involuntary. If it is involuntary, employers usually tell you why if it is not for cause for example due to a layoff, job consolidation or closure.
If it is for cause — they may or not spell it out but you probably know why you are being laid off because there was an incident or you have been through a progressive discipline process where the last stage is termination. I was terminated recently as manager of a skilled care unit. I was called in abruptly at the start of my shift, told by the DON that I was terminated due to willful misconduct related to a medical record.
Although I made a mistake, it was not willful, nor done with any idea it was an issue. To answer your first question, not having a witness will not change things with UE unless you are part of a bargaining unit and you were denied access to one.
Think about it, if another employee was present, who are they going to side with? Regarding UE, they will always deny this type of claim. You have to go through the appeal process and it can be a long one. You have to have a good case to present. Most people have difficulty doing this alone. If you believe you have a case, get someone who has expertise in this area to help you or hire someone — ie an attorney or other expert.
I was actually fired over the phone and then was asked to come back into the office that day to get my stuff. My final paycheck and unused PTO was mailed to me along with a separation of employment packet. Basically this packet states that I will get a severance equal to 2 weeks pay if I sign the agreement.
To be short this agreement is a gag order. I was only given 7 days to sign it and the clock is ticking. Being that I was caught completely off guard and have been very upset I have had no time to even have an attorney look at it and I feel very uneasy about the fact that they want to take all my rights away from me. I think the 7 day timeline is ridiculous and the fact that they are trying to get me to sign knowing that I need the money seems unethical.
I am feeling very taken advantage of because this is the first time I have been in this situation and I am a 28 year old female. Any suggestions on what I should do would be greatly appreciated.
I should also point out that I am able to get unemployment which i immediately applied for upon my termination. Thanks for your time! It burns me when companies are insensitive about letting someone go — sorry this happened to you! They are not obligated to give you a long time to consider your severance agreement because you are under It is rally your choice if you believe the two weeks of pay is worth giving up any future action with the company.
If you do not plan to do anything, take the money and ask for a recommendation. It is common that new CEOs and senior executives like to bring in their own staff. The next employer will not see this as a red flag if you explain it properly. I worked for the same company for 27 years and was recently terminated. I can,t say too much because, i am working with an attorney in this matter. It pretty much started when I thought my boss was going to lay me off again for the 2nd time.
I was the longest employee there and the first to be laid off in I was brought back a month later because nobody could do my job at the time. One of my closest friends whom has a lot of clout with the company told me I could file a complaint against my boss for things that had been said and done to me.
I filed a complaint with the acting CEO of the company after asking my friend who I should file with. I did and then all hell broke loose. I started being harassed by my friend whom ended up replacing my boss. A person from corporate came to my station and was also harassing me. This same person also threatened me 2 times before. I ended up yelling at the new boss after the new boss yelled at me saying It isnt my fault that you filed a complaint with the acting CEO.
At that point I lost it and yelled at this boss and said I was filing a complaint for retaliation for filing a complaint. I was suspended then terminated. I filed the complaint. They then emailed me saying they filed their own complaint and terminated me for yelling at my boss. My complaint was not even considered as far as I know. I hired an attorney because the wanted me to sign a separation agreement that none of the above happened and of course a severance package. He sent them a letter telling them i refused to sign unless they pay more or we would go to litigation.
In the mean time I received compensation for overtime they did not pay me for. Now they only want to give me half of their first offer and sign the same papers. This could go on forever. I am in California.
Do you have any suggestions on how I should be handling this or anything else I could do to move this forward. I just want to put this whole situation behind me. They are not going to let this happen. I am wondering if I should get advice from another attorney or just wait it out.
I have not been able to get another job either. I have filled out tons of applications and send my resume but nothing has come of it. Michelle, The journey you are on to extract yourself from this situation is a long one. If you beleive your attorney is working in your best interest and the timing is what is causing you stress, stay with them. These situations can take a long time to be resolved, sometimes years. If you really want to end it quickly you may have to take less as the offer they have given you is less than the original one, which is a negotiation tactic.
Hello, I live in California and my employer suspended me, then fired me over the phone. Also he stated that i could receive my final pay check after i send an email to the company stating that i quit.
No it is not appropriate, your employer is trying to cover their back. If I recall, CA is required to give you your last paycheck in line with how your pay periods are set up. If you continue to have problems, you may need to engage legal advice. Hi, was on suspension from my job as well for something they claimed they have me on tape doing. The day after that my ex boss calls and leaves a message about separation papers.
Im in Texas, do I even have to call him back or go in and look them over? Would they be free to sue me or call the police? The separation papers are a formality and possibly a way for them to tidy up the incident. At this time, you are not because quitting does not qualify. Regardless, ensure you settle up the reimbursement that you committed to. Even if not, it appears to me I should just agree to it. I get the two months severance, and also get to say I resigned for future employment, and maintain a good reference from current company.
Whereas if I ask them to change the termination letter, I lose the above benefits, and I would still not be guaranteed unemployment benefits.
Am I reading this the right way? Can I still apply for unemployment even if the termination is by mutual consent? And when would I apply, after the two month severance period or on termination date? Mutual consent is one of the best reasons a company can give you — it says you both agree that the working relationship is not working out and no one is at fault. You should not have a problem getting unemployment with that reason. Apply for unemployment NOW ever state is different on the waiting and qualification period.
My wife recently told me that her supervisor has asked her to consider a letter of termination. The problem arose once one of her old peers was promoted to the executive level and became her immediate supervisor.
From that point on this person has been indifferent to her as far as work performed etc. She has pereformed the same tasks for years and has always received the highest praise during year end evaluations now with this new supervisor it has gone down hill.
I aksed her if there was anyone in human resources or does her employer have anything in place to address situations whereas employees are left defenseless and at the whim of a hostile supervisor. This is a situation that often comes up when a peer receives a promotion that puts them into a new role and position within the company. The relationship changes and both sides have to adapt. If your wife is treating the person in the same way, that may be the source of friction.
If she wants to stay there, try moving the relationship to business only and keep any personal stuff out of it. If she wants to work with me one on one, refer to my service offerings.
Thanks for your reply I will forward your information to my wife. I understand what you are saying bvut in some instances the person promoted may and can have issues with the other person due to workplace competition, personal issues, or nothing at all. A good leader will put all other non factors to the side and focus on whats better for the company and most of treat everyone fairly with without indifference.
I received termination letter on 87th day of Probation stating that company has decided to terminate you due to Internal Cost Cutting, this the reason what the replied. I asked them what the reason behind this?
I traveled far away from India for job and you are terminating me. Mudassir — A company can elect to terminate an employee at any time. Since the termination was due to a cost cutting effort, it will be much easier to explain why you left this employer to a future employer.
My employer presented me a notice of termination 2 months ago. It was stated there that since the company has redundancy issue. But they are giving me monthly pay for 2 months and on my last day they will give me additional month pay tax free.
This is my last month now and i have learned that the company has hired new employees but for a different division but still of same job position i have. I am thinking now of going back to my employer and cancel the signed paper.
Since it was stated there that the reason for my termination was due to redundancy, but they were able to hire new employees. Eric — I have written a separate post on your question to help you and others know how companies treat layoffs and open positions. You can find it here: Company Posts Your Position after Termination. Previous employer has told numerous reference checkers I was terminated.
I filed for unemployment and now they claim I quit! Can the reference checkers be called to testify or write statements that contradict their new stance making them look like liars.
Contest the unemployment reason if you were in fact terminated and did not quit. Filing a claim for wrongful termination depends on a number of things. First, if you signed a severance agreement where you gave up that right and were compensated beyond the normal severance policy, you will not be able to take action. Second, I would think that your attorney who reviewed your severance agreement would have told you if you had a clear case. That company is not going to be a part of that.
Only you can choose to recreate a new beginning by closing the chapter that continues to drag you down. I know it is scary and it may mean that things will change. My friend was told she was fired on Monday morning, but she had to work thru the end of the week. Then she was told she has to sign a resignation letter or they will not issue her final paycheck for time worked. What are her options? She needs the money, and they know it. No employer can withhold pay from an employee that has worked hours.
She should not sign a letter stating she has resigned unless she agrees that she is leaving on her own will because it will affect her receiving unemployment benefits. She should talk to the HR department about what is being done and document all her conversations. If they still are trying to force her to sign a resignation, she should call the local Labor Department for assistance.
What can I do? It appears you are paying the price for making an accusation against someone that could not be proven. In your note, you say you heard the accusation instead of saying you were a witness to it. When you accuse someone of something and it is not backed up, it hurts your credibility within the organization and it is rare that you can recover from it.
I was was out sick for six days I got a doctors note to say that my return to work day is monday october 20th but my hr director called me on friday before october the 17th, She told me i was fired because I am not a good fit. She has just became my boss two months ago and I received a pay increase in May from my former boss. I never got a write up and received a raise just earlier from my former boss. How did i go from getting a raise to im not a fit in too months.
Not to mention how do you fire an employee before their return to work date? Christina, I will point out the obvious — your pay increase was from a different person so you can not infer that your current boss would have given you one.
Having said that, not being a good fit is different than being a poor performer. If you are salaried and you were on sick leave being paid without being on short-term disability, they could let you go the way they did.
That is not usually the way things are done, but technically you were an active employee. An engineering company hired me as a technical proposal writer. There is a big difference. I was assured that our marketing team would support me as I moved into this new area of writing. I applied my skills to upgrade several procedures in our marketing group alienating some of the proud!
I wrote the outline for a new proposal. One day the manager called me into a neutral office. There was an HR person there, looking none too happy. He had a termination paper there and told me to sign it. Daryl, Sorry to hear about your experience and thank you for sharing it. The ones that they use are legally defensible and are often coded into other online systems.
When they start saying other things then they get in trouble with the company lawyers and create more work for their IT infrastructure. Qualifications for a job go beyond the technical requirements, they also speak to the cultural requirements. I do not have a question. I just wanted to thank you for providing this public service. You are a kind and generous person.
I had been working at my new job for almost a month, then the other day just before clocking In, the manager has me go into an office with her. In there, she tells me that corporate told her I did not qualify for the job and so she has to let me go.
She hands me my final check and said it breaks her heart to do this and that I will be getting a letter in the mail. I just find it weird. How could I not qualify yet I had been already working for a month, especially when the job involves operating a vehicle? Eric, The only way to know why you were not qualified is to call and ask HR at corporate. Perhaps there was a certification or other requirement that needed to be on file. When you find out the reason why you may be able to correct it or at the very least you know what you need to get that type of job in the future.
She asked if it was a mistake the manager told her he will talk to her later about it. With confusion she came to the conclusion this was going to be her last paycheck. Every employer is different on how they handle terminations and not all require a warning or letter.
If you have a bargaining unit or employer handbook at the organization, this is the first place to review what may be expected. As for getting her money early — someone may have been premature in providing payroll with the information.
I live in California and gave a 4 week notice of resignation to my employer because I had accepted a new opportunity elsewhere a non-competitor. A few hours after I gave my notice, however, my employer decided terminate me and even removed my access to their files.
Needless to say, I was not prepared for this sort of a reaction and had not heard of them doing this to others. I was a loyal employee that did not deserve to be treated in this manner.
HR agreed to not make me sign it right then and there and that she will check back. At the end of the week that I had resigned, I received a check for that week plus the weeks I had worked previously. Not even the following two weeks.
Do I have to do this and agree to sign it as voluntary? I agree that I gave a resignation but the dates were imposed on me when in fact I was a ready and willing employee. I am considering filing for unemployment for the 4 weeks of missed paychecks until I start my new job again. First of all, I am sorry the company treated you the way they did. I have had a similar experience even being in HR- it was brutal, hurtful and unnecessary the way they handled it.
However, here is the situation. When you notify the company you are departing, they can and often do ask you to leave earlier especially if have access to sensitive materials — employee records, customer information, strategies…etc. When you tender your resignation, in their eyes, you are no longer a loyal employee tied to their mission. I do not know specifically about CA, but I would think you have a good case for winning unemployment.
However, expect to have to fight for it because you company will deny it. Think about if your time is worth the stress and frustration to follow up for the money — it may take months to get it unless you get a break in the first ruling. One other option is to ask the company you are going to if you could start earlier and that would take care of some of your loss of income. I wanted to thank you so much for the articles, insights and above that, the time you take to answer each comment — often coming from those of us who are confused, hurt or frustrated.
As for me, I am also upset to see that my years of employment and commitment came to a close in such an unfriendly and vindictive manner.
I know all my colleagues were also surprised to learn about this once I had to give such an abrupt farewell notice. Just the other night on Thursday January 8th I was verbally yelled and screamed at by one of my managers trying to force me to walk out. Her words were if you do not want to be here then just get up and walk the F out. I told her if there is a problem to go to her dad who is one owner or James who is the other owner.
After she talked to them I was standing behind the counter she came back yelling screaming and cursing at me and I told her the same thing that she can go talk to the owners if there is a problem.
Before all of this had happened I have no clue why I was fired or what I have done. I have been there for 8 years and never had one problem with any owner or manager they all loved me. I was wondering if there is anything I could do about this? Any help is appreciated thanks.
Family businesses can be difficult and ties run deep. It is unlikely the Father or other owner will side with you over the daughter unless she was completely out of line and they are willing to deal with it. If this was a one time event with her, then it may be recoverable with a conversation with the owners. Perhaps there was a misunderstanding or something else was causing her stress and she took it out at work. However, if she is volatile often, you have to ask yourself if this is a place you really want to work for because I doubt it will get better without some intervention.
Thanks a lot for the reply. Yeah she is like this all of the time. I was denied vacation time. I told them I was going to take it anyway. They said there will be penalties. A day before I left they told me I was terminated. I was not given any warning before, this was sudden. I need termination papers for insurance purposes. I was terminated in August , I have not received the termination letter as of yet.
The Union rep is not been supportive. Why will they want to withhold the letter? Your union should be representing your interests with this employer and helping you to either get your job back or finalize your paperwork.
I received a call from my workers comp lawyer stating that the insurance company offered a settlement 1month and a half from scheduled meditation.
I asked how long did I have to decide and she said within the next few days. In this conversation she never mentioned that I had to resign from my employer to receive the settlement.
OK I go to the law firm to sign the documents and my lawyer was not with me it was her assistant. After going over two more forms she pulls out the resignation paper and I was so confused. Is it true that in pa. You have 7 days to revoke the agreement.
My injury is right S1 radiculopathy due to L, L5-S1disc herniation along with lumbar all strain and sprain and chronic pain syndrome and nerve damage in my right leg.
I do not know how long you have to revoke it, your attorney should have that answer. It is unfortunate that they did not explain all the implications of your settlement to you. When that occurs, you have every right to take a time out, even if you are at the office to sign off on your paperwork. If it was me, I would also have the paperwork clearly state that you have a right to continue receiving short term disability.
Usually, when there is a settlement, it is made to resolve any outstanding claims and if there is continued support, it would be spelled out clearly. Hi just want to share about my previous job,they terminate us just because the beach was closed where am i working,they talk to us that they cannot handle us anymore,so they also told us that we are free to look or find a new job,and they will not cancel our visa till we find job,but after a week tney told us to come to their office to sign our cancellation paper witch is when we sign that paper we will have a 6 months ban,we did not sign that paper because we also dont have a termination paper.
Mary Antonette, I would suggest having someone from a legal background review your documents. If you can not afford an attorney, go to Legal Aid for assistance. Recently i was informed that the company i worked for had lost its contract, i was informed march 6th will be our last day.
Is this company required to give me a separation notice. They have stated that they will not. And what are the ramifications if they do not give one. I have looked at georgia labor law and am a little unclear concerning this. To my knowledge there is no requirement by any state to provide a separation notice unless it falls under the WARN Act or that you have an agreement in force that requires it from the employer. I am not sure what concern you have about ramifications, you just move on.
Ans 1 If Leak Off Test is not ok, this means cementing is not proper at casing shoe. You will have to go for cement repair. Q2 IF we are running two mud pump at same spm, but spm of one mud pump is not remaining stable at same spm, what can be the reason?
Ans 2 A very good question. Fluctuation or instability in pump SPM can tell you a lot about pump condition. Timely detection and fitting corrective action can save you rig time and money. First, rapid fluctuations and second, slow and gradual fluctuations. These are mainly due to mechanical problems which can be, worn out valve ring, valve, valve seat, piston ring and in worst case worn out wear plate and liner.
You should stop the pump immediately and make a check for the things as mentioned in order. And if there are any indications of pump taking air then you should check the mud strainer in suction line. These are mainly due to electrical and downhole problems. Downhole problem like improper hole cleaning can also cause the SPM or pressure fluctuations. For electrical problems check the concerned electrical devices and for hole cleaning problem pump a lo-hi pill low viscous mud followed by high viscous mud and resume drilling after surface to bit time.
Q3 In question 18 on your post http: Ans For IWCF answer should be permeability because he is asking about initial pressure stablization when well is just shut in afterwards it would be due to gas migration.
So if it shows up in exam mark permeability as correct answer as in IWCF answer key they use permeability as correct answer. Q5 One more practice question: Which of the following parameters might be affected by permeability of formation select three answers? Answer 6 I think answers are c,d,f because while drilling in top hole section: Q 7 Vertical well is drilled to ft. Pressure loss in surface equip. Q 8 When circulating out a kick in a deep well with a deep set casing shoe, the choke pressure approached MAASP while the influx is still in open hole.
What is the most important action to take? Ans 8 You have to bleed through choke. It will take us time to upload questions on instrumentation section but if you have any query you can post it here we will try our best to solve your queries. Q 10 All influx will be displaced from the hole at a pump rate considerably slower than that used while drilling.
Select the correct reasons for this from the list below:. What will happen to the BHP. Exactly what I thought. I cannot understand how…. Q12 One more gud question: Where is the mud loss first noticed during the time of drilling? T Pit volume totalizer d From the loggers chart. Q13 Which of the following equipment may warn of increase in formation pressure while drilling overbalance?
Ans13 It is a c e Return flow meter is a positive kick sign. See the difference between early warning sign and positive kick signs write if you dont get any material on them I will write more about it. Your Diagnosis of problems are correct Problem 1: Decreases No sound of pump in simulator.
As while killing nozzle is plugged in question 1 so bottom hole pressure will remain same because we will calculate from annulus side because after nozzle plugging We hold Casing Pressure Constant and then bring pump down and Close Choke.
Identify the problem and bring SIDP at original value. Constant bring pump to kill speed. Maintain new drill pipe pressure constant.
Also change in reading in drill pipe pressure gauge is due to nozzle plugging As more pressure is lost in nozzle due to plugging and as annular friction losses are same BHP will remain same,. As choke is plugged in case 2: Action to be taken are: Stop pump immediately and close HCR.
Identify the problem bring the SIDP at original value. Line up alternate choke and HCR. Maintain Drill pipe pressure constant. Because of choke plugging annular friction losses have increased by psi in case 2 so BHP should increase by psi. We are working on a kill sheet application which will help you in practicing kill sheet and also will post some questions on instrumentation section.
In the meantime you can focus on BOP figures, koomey control unit figures,pipe ram figure according to course. Annular can be repaired. In any case we have to keep BHP constant. If annular pressure loss increases BHP will increase and we have to open choke to reduce back pressure and maintain constant BHP. For example as you bring the pump speed up to kill rate, the DPP must be allowed to increase by the amount of the SCR. At same time the choke must be opened slowly sufficient to deduct the increase in choke friction.
This is accomplished by holding the CP constant as we make the adjustments to the pump speed. This results in the BHP essentially remaining constant. Hence the question which goes something like this: The answer is it will not affect BHP.
Nevertheless, you obviously cannot hold the CP constant forever as it must be allowed to increase as the gas bubble is brought to surface. Holding the CP constant for more than a few minutes would result in letting in a second kick.
You are correct by saying the annular pressure losses will increase if you increase the pump speed; however, so too will all the other system circulating pressure losses.
Obviously, to avoid allowing the pump pressure to increase, you must open the choke somewhat. For example, if you increase the pump rate and gain say an extra psi on your drillpipe gauge, we can assume the SCR at the new pump speed would have been psi greater than the original SCR.
To answer these type of questions, simply figure out what you would be doing with the choke: When we keep the observed casing pressure constant while changing the pumping rate, the bottom hole pressure remains the same. The observed pressure in the drill pipe should be allowed to drop to the true value as the pumping rate is reduced and the other way round as the pumping rate is increased.
Note that the pressure you read at the casing side of the U tube is the difference between the formation pressure and the BHP plus any additional pressure applied so, if this pressure remains constant, it means the bottom hole pressure is constant. Pls can you post more equipment questions just like you did for pnp. Am preparing for my iwcf level 2 and i need some serious equipment question. Sir i am a roustabout position what are all the coureses in iwcf or iadc should i have to do for my carrer growth.
This is a well control question……your drilling with a TDS 12, feet you have a washout in the drill string at 11, then you take a kick how do you control this matter? Mail your queries at: ALso tell us more about your profile.
The answer to this type of IWCF question will depend upon where the kick is in relation to the washout, mud type and influx type. Assuming you have gas kick in a WBM and the kick is below the washout, our first action should be to evacuate the kick out of the wellbore.