This document is the dirtiest thing I've ever read. If you take severance, you can't ever go to court over anything regarding humana; ever. This is insane. They knowingly do this to wash their hands of all the wrong doing they have committed throughout your employment. I feel like a lawyer needs to read this just to make sure I'm not over analyzing. I've worked decades and been laid off before. This feels criminal in the fine print.
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It is very foolhardy to not sign it and take the severance. The chances that you could find cause to sue are low and even if you did, it would take years. They haven’t done anything illegal and courts won’t reward you for your moral outrage. In the remote chance you even prevailed, which is doubtful, you’d probably end up with a settlement that mirrors what your severance would be. Focus on positive next steps.
No, it’s standard. The WARN Act doesn’t require companies to provide any severance. So if it chose, Humana could offer 60 days notice with no severance package. That would be harsh but legal.
Humana’s severance goes well above what most companies offer. It gives a minimum of four weeks to a maximum of 52 weeks of pay, depending on how long you’ve worked. You also get to continue paying for benefits at the employee rate through that severance period.
But to get the money and benefits, you have to give up something valuable. You have to sign that waiver agreement. And when you do, you give up your right to sue for anything that happened.
Signing a waiver feels like a Faustian bargain. And maybe it is. But again, waivers are standard for companies that offer severance—even companies that offer cr---y severance.
The only remedy is not to sign. Most of us can’t afford that and take the money.
If you believe you’ve been wrongly laid off based on gender, race, age, religion, ethnicity or another actionable reason, consult with a good lawyer BEFORE signing. Then you’ll have a better idea on whether it makes sense to sign.
Good luck. I hope this helps.
This is insane. They knowingly do this to wash their hands of all the wrong doing they have committed throughout your employment
Humana has a huge legal team that goes through everything with a fine tooth comb. That’s why rifs take so long, with the third part reviews, to make sure it’s all legal. If you feel there were “wrong doings they have committed”, I’m sure you’ve already spoken with the ethics department? A lawyer? Humana, truly, has not legally done wrong doings. Individuals may have. But that agreement? Completely legit, and your choice. Severance is a benefit, in a sense, and pretty generous compared to other companies. It’s not legally mandatory in a layoff.
A lawyer has read it. Their lawyer. It’s a standard form. If you want to sue Humana, that’s you’re right, but if you are planning it, you can’t take the money….which, by law, they don’t have to pay you, anyway.