ruby740 Posted March 1, 2012 Report Share Posted March 1, 2012 I have just been laid off from my job and would apprieciate any help regaurding my dilema. So here is my story I started to work for a company about 8 years ago and boy did I have a great start! I started out as a doctors assistant and through out the years had a great relationship with all the doctors and became a site manager at one of the locations. about 2 years ago they hired a new practice manager all went down hill from there. I opened several offices from them and had great success and was even awarded certificates by the practice. The new practice manager did not like me from the start and had a lot of animosity towards me (maybe because I was better then her at what she was suppose to be doing!) 1st thing was they changed my hourly pay to salary and my overtime was cut. I worked very hard and even when I was home I worked with a computer that was given to me by the practice. My last Christmas bonus was lower then the front desk personnel! Attached is a layoff contract that they gave me i would love for you guys to read it and help me with any questions I should be asking my self before I sign it. Thank you all for reading my post and for helping me with these hard times as this lay off for me was very emotional. Thank you all Link to comment Share on other sites More sharing options...
2ndTimeAround Posted March 1, 2012 Report Share Posted March 1, 2012 I personally know a lady, an office manager at Mercy Hospital here in long island, with the same story. A younger person was hired who she is currently training. She hasn't been laid off - yet. See you're in New York - the first thing you need to do is go down to the unemployment office - TODAY, do not put it off! There is a three week waiting period before you get your first check. At the unemployment office - you should check about what training that may be available. NY state a few years ago paid me to go to school for one year to learn a trade. There can be programs you may qualify for, that can seriously help you. As for the paper work your old employer gave you - this is probably for continuation of your health insurance temporarily through Cobra. What you need to do need is turn the page!!! It is time to enter into the next chapter on your life. Make sure you have an updated resume. Schedule yourself to spend time searching on the computer and emailing for positions. Write down what is important in your life, and assign priorities. Network with people - 1st try find out about companies hiring. 2nd - to expand your capabilities to make yourself more marketable.Good Luck.. Link to comment Share on other sites More sharing options...
legaleagle Posted March 1, 2012 Report Share Posted March 1, 2012 There is no attachment. Why were you laid off? I would watch the want ads to see if this bunch immediately hires someone to replace you. That may get you into a wrongful termination suit. Link to comment Share on other sites More sharing options...
nobk4me Posted March 1, 2012 Report Share Posted March 1, 2012 Check out this site:Hostile Work Environment | Hostile Workplace | Employee RightsIt deals with legal solutions to workplace discrimination and harassment. Link to comment Share on other sites More sharing options...
ruby740 Posted March 1, 2012 Author Report Share Posted March 1, 2012 Here is the layoff contract. I'm starting to believe there is not much i can do. I hear they already hired someone else but did not give that person the same position as i had but called her a "receptionist" but yet she does all the same work that I did. I just want to make sure this contract is good for me and for my future. Link to comment Share on other sites More sharing options...
ruby740 Posted March 1, 2012 Author Report Share Posted March 1, 2012 here is the contract Link to comment Share on other sites More sharing options...
ruby740 Posted March 1, 2012 Author Report Share Posted March 1, 2012 (edited) Edited March 1, 2012 by ruby740 Link to comment Share on other sites More sharing options...
nobk4me Posted March 2, 2012 Report Share Posted March 2, 2012 I wouldn't sign that. You would be signing away your rights to sue them.If it's possible you have a discrimination case against them, you would want to retain those rights.I would recommend trying to find an attorney who specializes in employment law to review your situation before you consider signing this. Link to comment Share on other sites More sharing options...
legaleagle Posted March 2, 2012 Report Share Posted March 2, 2012 Contracts that require you to sign away your rights under the law are not generally enforceable. I could hire you to kill somebody, and we could sign a contract. However, since the premise of that contract violates the law, it is unenforceable if I don't pay you. Seek the advice of an attorney who specializes in this field. I think the fact that they replaced you with someone and only changed the name of their job is a red flag. Don't sign that release if you haven't already done so. Link to comment Share on other sites More sharing options...
2ndTimeAround Posted March 2, 2012 Report Share Posted March 2, 2012 If you want your severance pay, per #3, you are required to send this back before they release any money to you. As for your Cobra benefits - here in NY you have 60 days if you still want health insurance coverage or lose all rights to the benefits. Per item #4 - you agreeing not to sue them in the future for example, Age Discrimination.. Realistically, if you do speak to an attorney that handles discrimination cases, they will be required to be paid up front. If might find a free service, any type of resolution will take time. You probably going to need your severance pay. Reading your going to be receiving 6 weeks of severance pay, this is going to delay in eligibility for unemployment insurance. If anything go talk to someone (in person) at the unemployment office, to find out when you can apply.Once your on unemployment - your required weekly to file a report on the internet. Here the link - https://ui.labor.state.ny.us/UBC/home.doI'm in Suffolk county L.I. - five years ago I was laid off and went to collect unemployment. I was required to sit through a resume class before my benefit began. Back then I made a financial mistake where it is costing me today. I used to work as a W2 employee, after a few months not working started working as a contractor, evidently setting up my own company. I felt that I didn't have to report my income because I was working from home. I was wrong, and NY state billed me. Now I'm making monthly (small) installments paying back what I was over paid. Again what I posted above - when you go to the unemployment office look into networking with other people, also furthering your education to make yourself more marketable. You can collect unemployment for up to two years, and going to school (paid by NY state). See this link Training/599 Program: Frequently Asked Questions - New York State Department of LaborGood Luck.. Link to comment Share on other sites More sharing options...
nobk4me Posted March 3, 2012 Report Share Posted March 3, 2012 Contracts that require you to sign away your rights under the law are not generally enforceable. I could hire you to kill somebody, and we could sign a contract. However, since the premise of that contract violates the law, it is unenforceable if I don't pay you. Seek the advice of an attorney who specializes in this field. I think the fact that they replaced you with someone and only changed the name of their job is a red flag. Don't sign that release if you haven't already done so.I'm not sure the agreement is illegal. I agree that a contract to commit a murder, an illegal act, would be unforceable.But an agreement not to sue, in exchange for severance pay, is probably legit. The issue is whether it is in the OP's best interest to sign it.I wonder if the agreement itself is a red flag. Why are they so eager for you to sign away your rights? Perhaps because they violated your rights?You need to get some legal advice, from an attorney who knows employment law, and your particular situation. Link to comment Share on other sites More sharing options...
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