“The company called me in after being on a three-day suspension. I thought I was being called back to work, instead my manager fired me. I was in shock.
My manager puts the termination paperwork in front of me and tells me I have to sign it to get my final paycheck. He did not give me a copy of it and I think I might have signed something that says I did something wrong when I believe I have not done anything wrong. What do I do?”
This situation arises when terminations come as a surprise to you. It does not matter if you are being terminated for cause or employment at will, you may feel like you are under stress or duress. All you want to do is to get as far away from this situation as possible and you are ready to sign anything just to get out of the room.
Then the reality of “oh what did I just do” sets in. So what are your options when you are in the middle of being terminated and the company is demanding you to sign off on some paperwork?
Take a deep breath and read the document.
- Is the document simply affirming that the company is firing you, letting you go, laying you off or asking you to say you quit?
- Does the letter demand that you give up some personal rights?
- How detailed is the letter – does it simply say you are being terminated on a specific day or does it state the reason for termination?
- Does the letter outline any special circumstances?
Be clear about what you are signing
If the termination letter is asking for a confession or admission of guilt or is stating you that you give up some employee rights, you can opt not to sign it.
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.
Consider an alternative
If you refuse to sign your termination paperwork, your ex-employer will not be happy. Do you care? Maybe not, though it is always best to leave on good terms and there may be a win-win solution.
When you sign the termination papers, you can include the following phrase under your signature:
Signature acknowledges receipt only
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. The company is not obligated to do this (unless you are being asked to do a separation agreement), so if they say “no” do not be surprised. Remember though, if you do not ask, you will never receive what you want.
Get other facts
In most states, you are not required to sign a termination document – check your state’s regulations for additional information. 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.
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.
This also brings up a good question – ‘Do they have to sign the termination letter?’ I never really thought of that as an option but I guess it really is.
I like the ‘Signature acknowledges receipt only’. This was another thing I didn’t realize. I will definitely share these tools with staff when I am approached with questions.
Thanks for the post!
Thanks Lynn,
This post sounds all to familiar. 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 7-21 days (If remuneration is offered). Most juries will agree that employees are signing under mental duress. Many separating employees when being fired will write under their signature “Do not agree” etc.. 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? and if not, was be breaking the law? 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. Employers have a right to fire you, they don’t have a right to “make” you write a confession or your termination letter. When you are in these kinds of situations, thinking straight is not at the top of the list because you are stressed and confused.
I was terminated from a director level position for being careless with my expenses i.e. same ones had gone through twice…others I had verbal authorization from my VP to put through despite it was not company policy (paying for employee dinners, golf, to boost moral etc). [i know dumb on my part]
Also, despite me requesting a company CC I was never issued one, so I had to put $100k’s on my personal CC over the past years-company events, client events, entertaining, and Sales Employee Prizes. Now employee prizes, I should have had them sign for the prizes, but I didn’t, nobody ever did. Although employees would vouch for me that I didn’t just buy all this stuff for me. However the company decided to pile that on top of my termination, saying that I had stolen over $85k. Obviously I didn’t. I just didn’t have a paper trail to prove it.
They made me sign papers releasing me saying they would ‘not pursue me at this time’…whatever that means. But I paid $40k for a company event before I was fired, and now say that they won’t pay back now…is that legal? They said, consider us even. But I never kept all that stuff…I mean I drive a 6 year old smart car for crying out loud…they said if I pursued my reimbursements…then they would hold me liable for the $85k they said I mismanaged. (can they ‘pursue me later’?)
I don’t know what to do…I’m $40k in debt now with no job. Please help…
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. Let me sign a paper, which he is reading but didn’t let me see. Because of my state of pressure situation I just want to get out and sign the paper, which I didn’t really know what is actually in there. He reads about disclosure for company secret and I told him I never disclose anything. He said he mean not disclosing it. He said he will give me a copy but he didn’t and I forget because he walk me out the door.
On Monday I will go back ask for a copy
My questions are;
What if he don’t want to give me a copy, can I do anything?
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?
If I work for one hour and sent me home, don’t I get 4 hours pay?
This mean employee that was yelling at me at work all the time, can I complain to the human right?
Sam,
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:
1) when employers want you to sign something-especially when you are leaving you must read the document before signing it. 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.
2) Always get a copy at the time of signature. 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.
3) What concerns me is what you signed since you really don’t know. 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.
4) The hours you worked and get paid are govern by your state.
5) Anyone can make a complaint to their Human Rights organization. They will request facts, conversations or actions document, dates and witnesses who will speak on your behalf.
Good luck!
my employer called me and asked me to sign on a resignation later,i said,i wont sign,then they told me,they will terminate me,and send me the termination letter by post,i didint signed anything and walked out of office,
my services are confirmed in the company,what should i do,if they send me termination letter by post.
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 501(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. Two Questions:
1. Can I state on the pre-written agreement what I am in agreement with if not all of what is stated?
2. If I sign this agreement am eligible for unemployment benefits?
Deby,
You may want to check out this article from Guide Star: Alternatives to Unemployment Taxes for 501(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. To answer you questions, 1) You can negotiate what is included/excluded in an agreement as long as both parties mutually agree. It is highly unlikely that your employer will agree to something that is contrary to why the mutual agreement is being signed. 2) Your eligibility is determined by the state unemployment office and each state varies in how they look at separation agreements. If you are concerned, run it by them before signing it.
I read this #11 before and have read it again. Thank you for the insight on signging the agreement but it does not address another question about the organization being a 501(c)3 and are their claim that unemployment benefits are not available to employees terminated due to their “church” status. Is that true?
The question of eligibility benefits due to termination because of church status needs to addressed with the local unemployment office.
Thank you very much for your responses. Most helpful.
, I was with a major company for 23 years. 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 told by others above me not to do this but it’s easier said than done when your not in the position. 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.
Jay,
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://www.LeadershipBreakthrough.com.
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.
The new offer letter reduce about 30% of my first employment contract pay with them.
Pleas advise what i shall do next. Thanks.
I would advise asking an employment attorney since you reside in the U.K. Employment contracts vary greatly by country and whether they can be modified. In the U.S., employment is at-will and employment conditions can be changed unless the employee is covered by a collective bargaining agreeemnt. 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. He would love my husband one day, saying he was doing a great job, then threaten to fire him the next because he didn’t pick up his phone when the boss called him. 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. – at the top of the agreement, it stated the split was amicable, and it offered one-week severence. The boss wanted it signed within 7 days. However, on the state unemployment paperwork the firm sent over, the reason for dismissal was noted as “job performance”; my husband hasn’t signed the agreement (technically he has 21 days since he’s over 40) because he’s afraid if he does, it would affect his ability to get unemployment. The boss called today to say he may have a project for my husband to work on but asked him to just sign the separation agreement, and he’ll “make sure” my husband receives unemployment. The whole thing just seems fishy to me. We cannot afford to hire a lawyer to review the agreement but will if you think it’s necessary. It seems like a standard agreement to me, but we have no other experience with this sort of thing. My questions are: 1) My husband qualifies for unemployment regardless of whether he was fired or laid off, right? He hasn’t done anything to violate company policy or broken the law; 2) Is there any language we should be looking out for in the agreement that would prevent him from receiving unemployment?; 3) Any ideas as to why the boss wants my husband to sign the agreement so desperately? Is he afraid of being sued? I can’t imagine for what (in other words, we can’t sue him for his bad attitude and terrible management skills). Thank you!!!
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.
As for navigating the discussion with the former boss/company, I would advise that he talk with an employment attorney or someone who specializes in these kinds of situations. 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. Good luck!