More details to this question:
My employer is closing its doors next month and I have received my severance package. I have 2 questions. 1) I am compensated with a base recoverable draw. My commissions have consistently exceeded the draw by 3-4X its amount. The severance is based on my recoverable draw only. Is that common? 2) I am a witness in a pending lawsuit that my company has against a competitor. I have signed an affidavit. The severance package includes a statement that I will make myself available to testify in the event there is a court hearing. I do not feel comfortable signing this statement. Do I have options?
1 ANSWER
If you believe the severance agreement is unfair, or would require you to do something to which you feel you can't commit, you don't have to sign it. However, unless there's something you haven't mentioned in your question, your employer has no obligation to give you any severance payment, and is doing so only in exchange for what you are giving it - a release of any claims you may have against it (I assume this is part of the severance agreement) and a commitment to make yourself available to testify (no agreement to testify to anything untruthful would be unenforceable, but, while I'm not familiar with NV law, I don't see anything wrong with an agreement to use your best efforts to be available to testify truthfully.) If you don't agree to these conditions, your former employer may decide not to pay you any severance, or it may, depending on how important it feels it is to to remain on your good side (in light of your future testimony), increase its offer. This isn't really a legal question, it's a negotiating strategy issue, and you, being more familiar with the players and circumstances, are best able to answer it.
Answered on Jul 21st, 2014 at 1:33 PM