Yep. And it was a significant one too. Like almost a year's worth. Why? Because the Atty's reviewing the documents and the facts of the severance.....said nope! Way more $$ by fighting it out. Turns out, there is a line of business which has been doing "funny business" as it were. And soon, the truth will be coming out.
For my friend's sake, I sure do hope so. That was a brave act, IMHO.
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I spent a little money to have an attorney to look at the agreement and ask me questions. Even though age was clearly involved there really was nothing they could do in my situation. Spend 300-700 bucks and find out yourself. Very seldom will you be better off fighting if you live in a right to work state.
I hope your friend had a qualified labor attorney do more than just look at the severance agreement
Wrongful termination lawsuits have very specific criteria - the firing had to be a result of discrimination based on protected characteristics, retaliation for exercising legal rights (like whistleblowing or taking protected leave), breach of an employment contract, or being fired for refusing to commit an illegal act
I was fired yesterday for fabricated performance after 17 yrs of perfect attendance and no policy violations. I had great respect until HY. Getting laid off is a blessing I did not get but deserved!!! There is a snowball chance in helo of winning a law suit for discrimination unless you have something in writing.
Then your friend has the IQ of a ham sandwich.
@d6
I asked my friend - he is familiar with employment law. He stated these kinds of cases almost NEVER go hourly - nearly all go contingency. So if someone is being picked up by a law firm.....you know its red meat for the legal eagles.
Hourly legal services are for other things, like wills/estates, etc.
It almost sounds like the attorney thinks the firm may be willing to offer some serious hush-hush money in exchange for an NDA on the alleged misdeeds?
@d8 Smart move - I know several people forced to take the relo package so they could stretch out their time - as you did, well beyond what their severance package would pay, then jump ship at the end, foregoing severance. With as nasty as the Stagecoach has become to employees, I say - An Eye for an Eye. Good on those who take this approach.
I was offered a relocation package to a HUB if their choice and didn’t know if severance was going to be offered. I took the package and was given a year to make the move. Side note, I was only given two weeks to decide if I wanted to uproot my family. I used that time to find another job and gave my notice. Did I give up the possible severance, sure. But having a job lined up was easier than wishing and hoping in this job market that I would find a job before the severance ran out. Life off of the rickety stagecoach is so much better.
Horse sh-t.
Go ahead and take your friend's advice. Unless you have some advocacy group paying your legal fees au gratis/pro bono, see how long it takes for those legal fees to add up and eclipse any settlement. Delaying is the one of the oldest corporate tricks in the book.
Also, there actually has to be cause in order pursue litigation. In most states, you can be fired because they don't like the color of your shirt. Most attorneys - unless there is egregious circumstances, and even then a long uphill battle - will tell you take the money and vast your line into bluer waters.
LOL
Your friend is not too bright. Wells Fargo is obligated only to give a (WARN Act) 30 day notice and offer COBRA. Severance is not required, amount or length of time.
@bt
Who is thumbing their nose? I'd assume the decision that OP mentioned was not something taken lightly. Life is a series of choices. Perhaps what made this outcome possible was something we don't know about? Frankly I'm not going to talk down to someone just because they chose a different path.
As to the severance itself - if the bank were truly generous and kind, they wouldn't make one sign a waiver on legal issues, and force the laid off person to agree to not disparage the co.
They put that stuff in there, the 2 weeks is the enticement, not some miraculous wonder treatment. And, one other thing - for a severance to be almost a year - that implies a long term employee. One that gave a lot to the bank over the years - otherwise they would not have lasted that long. Just a thought.....
Severance is not a required benefit. WF offers it to you at their discretion and requires signing a waiver to get it.
Thousands of companies offer nothing or much less than WF.
Go ahead and thumb your nose at it, you'll miss out on pay and benefits. Unless you've got a rock solid wrongful termination case, there's no pot of gold waiting for you.
Your call.
Definitely gonna deny my severance package based on an anonymous anectdotal post on this site that may or may not be true.
Federal takeover of all these banks like 2008 is more likely. Remember Indymac Bank.