Q: Our company, which is managed by two men in their early 30s, has experienced a major financial setback and has chosen to layoff an employee from each sales territory. Neither manager has an MBA or degree in finance or economics, so it's easy to see why they are having money management troubles. Each lay-off "victim" received a difference severance package, since locations and time on the job differs.
I was told I had two weeks to review my severance agreement before signing and returning it. I was concerned that having a lawyer review the agreement and giving legal feedback and requests for changes to these managers might upset them, and then it might affect the type of reference I get from them. I'd also rather not spend the money since I now have to start a job search and have no idea how long it will take to find another one. I know they used a lawyer to create the severance agreements. Can I just assume that the lawyer knows the state law and it's safe to skip a legal review and sign the contract?
A: If I could send you an emoji to show my level of shock, I would. No, you cannot assume anything in business; no, you cannot skip a legal review of the contract; and no, they cannot punish you by writing a bad reference because you consulted an attorney. You are being asked to sign a legal document that will set forth permanent terms and conditions of your severance package. A lawyer's review is not an option; it's a requirement.
As sharp as attorneys can be, they can also make mistakes or even ask you to waive benefits that are legally due. If state employment laws were simple, all attorneys in each state would be equal. They are not. Some are highly intelligent and ethical. Some are average and ethical. And some are neither competent nor ethical. Attorneys are human and they can make mistakes. They can also write a contract to favor the employer, and it is then up to your attorney to catch those clauses and sections.
When you choose a lawyer to review your contract, check his/her background, focus area, and online client reviews. You need a lawyer who concentrates in employment law. You wouldn't hire a personal injury lawyer to write a real estate contract, nor should you copy a standard contract and then adjust to your situation yourself. This is not the way to save on expenses.
If your lawyer marks clauses needing corrections, present those corrections to your manager, who will likely forward the contract to the company's attorney for final approval. You're a businessperson and it is in your best interest to act as such. Handle your own contract as you would a contract you are presenting to a client.
If you want a recommendation from your employer, write one that truthfully states your top accomplishments and overall performance according to your performance review, and mention any new accomplishment that is not included in the review. Offer it to your boss, explaining you thought this would save him/her time from researching your past reviews and writing about you.
Begin your cover letter with a positive statement about your time at the company and that you look forward to staying connected. Also explain that you understand that as your boss, he/she can correct anything that does not feel comfortable, that you simply wrote it to make the process go smoother. After everything is signed, leave gracefully with your head held high and move on. You never know when your paths may cross again and you want to be thought of with respect, no matter how you feel about being let go.
Email career coach LindseyNovak@yahoo.com with your workplace questions and experiences. For more information, visit www.lindseyparkernovak.com and for past columns, see www.creators.com/read/At-Work-Lindsey-Novak.
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