I was "Laid Off" from my job after 3 months. I was "offered" a severance and advised the company would not dispute my unemployment contingent on me signing an agreement, waiving and releasing any claims against the company, a promise not to file a law suit, etc. I have felt like I have been discriminated against and I definitely have not been compensated accordingly with working after hours (overnight sometimes from home) and not getting paid for it (due to budget). I do not want to sign this agreement knowing that I may have a case. The company is expecting a response in 2 days (Friday). Do I have a case? Can they contest me unemployment due to me not signing their agreement?
Dear Ms. Blackshear
1. You can get your unemployment if you were involuntarily terminated through no fault of your own. If you were in fact "laid off," you are involuntarily terminated through no fault of your own. If you have not received any discipline, warnings, etc, and if you have not disobeyed any rule or direct order or done (or failed to do) any thing warranting your termination, you will receive the unemployment benefits. They can contest the benefits saying that you were fired for willful disregard of your employer's directions, rules, or standares. But they would have the burden of proving that willful disregard. To prove it they would have to show (a) that they had a rule, policy or standard; (b) that you knew about the rule, policy or standard; and (c) that you intentionally or knowingly disregarded the rule, policy or standard.
2. Assuming that your employer is covered by the FLSA (also known as the "wage hour laws") (most, but not all-are covered), and assuming you are not exempt from coverage under the FLSA, their failure to pay you for all the time you have worked would be a violation of the law. If you have been working hours for which the Company has not paid you - and they knew you worked those hours, they may be liable to you for backpay and liquidated damages (My firm handles a lot of these cases.) You can win double the amount of unpaid wages -and they have to pay your attorneys fees. And they have to pay your attorneys fees. An employer cannot require an employee to waive their fights under the FLSA.. The agreement itself would be invalid. However, depending on the language in the "waiver" they might have you admitting that you have informed them of all the time that you worked, and that they have paid you in full for all the hours that you have worked including any overtime that may have accrued. If it says that, you may have a hard time winning a subsequent FLSA claim.
3. To advise you further about whether you should sign the waiver of rights, I would need to see the waiver itself, and you would need to hire me to advise or represent you.
Respectfully,
Michael A. Caldwell
404-979-3154
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