Looking for a lawyer (but what do I search for?)

[sam_gordon]

I found out on Thursday that my job is being eliminated (after 32 years ). I got a draft of my paperwork yesterday (my last day is October 7). I'd like to have a lawyer look over them to make sure everything is taken care of, I don't think (or feel) anything illegal happened. But, what kind of lawyer would I want? Employment? Contract? Any?

TIA

 

[_19disnA]

I would look for a lawyer that specializes in employment law. If you work in a a 'right to work' state, an employer has the 'right' to let anyone go without having to prove any performance issues. Not sure what state you live in, but many people are surprised to find out there is no implied 'contract' between you and your employer. Saw this happen where I work and many people had always assumed the company couldn't do that but they found out they were wrong.

Honestly, unless you plan to try to sue your company for something like age discrimination, I doubt there is anything a lawyer can actually do to help you.

 

[DLgal]

I found out on Thursday that my job is being eliminated (after 32 years ). I got a draft of my paperwork yesterday (my last day is October 7). I'd like to have a lawyer look over them to make sure everything is taken care of, I don't think (or feel) anything illegal happened. But, what kind of lawyer would I want? Employment? Contract? Any?

TIA

Do you not have an HR department? What do you need a lawyer to do, exactly? What is your concern?

 

[tvguy]

Do you not have an HR department? What do you need a lawyer to do, exactly? What is your concern?

HR department is there to protect the COMPANY not the EMPLOYEE.

 

[DLgal]

HR department is there to protect the COMPANY not the EMPLOYEE.

"The main job of HR, from the C-suite point of view, is to protect the company by delivering competent employment candidates on a timely basis, supporting effective and legal recruitment and selection procedures, and keeping the company's behavior on the right side of the law at all times and in all matters."

If this person wants a lawyer, he suspects that the company did something wrong. The HR department can provide the legal justification for the termination to the employee. If they won't, THEN you hire a lawyer.

 

[tvguy]

I used Employment lawyers twice in my career.
Once to review a Personal Service Contract. Once to review a severance agreement. In both cases I never went beyond a free consultation with them. They felt everything was legally proper.

 

[sam_gordon]

Honestly, unless you plan to try to sue your company for something like age discrimination, I doubt there is anything a lawyer can actually do to help you.

What do you need a lawyer to do, exactly? What is your concern?

If this person wants a lawyer, he suspects that the company did something wrong.

From my OP...

I got a draft of my paperwork yesterday (my last day is October 7). I'd like to have a lawyer look over them to make sure everything is taken care of, I don't think (or feel) anything illegal happened.

1) I do not think the company did anything wrong.
2) I want to make sure *I* understand the boiler plate severance agreement AND what, if there's anything *I* need to do.
3) Are there specific questions I need to clarify? One I want to ask is if I find another job and want to leave before October 7, do I still get the offered severance?

 

[NotUrsula]

It's not a bad idea, even if you don't expect the company did anything wrong. You would want an employment attorney.

The thing that is most likely to be an issue that an attorney could help with would be non-compete agreements. When the company I previously worked for was bought out and laid a lot of people off, including me, they offered generous severance pay, but required signing a draconian 2-yr non-compete agreement to get it. My attorney told me to go ahead and sign it to get the payout, because the non-compete agreement was so badly written as to be totally unenforceable. Without that advice I would have thought I was obligated to either turn down the money or prepare to completely stay out of any employment in my field for 2 years. As it was I took a nice break for 2 months and went right back into a job in my field after that.

A company doesn't have to be doing anything illegal to be doing something that is definitely way more to their own corporate advantage to that of any single employee or ex-employee.

 

[tvguy]

"The main job of HR, from the C-suite point of view, is to protect the company by delivering competent employment candidates on a timely basis, supporting effective and legal recruitment and selection procedures, and keeping the company's behavior on the right side of the law at all times and in all matters."

If this person wants a lawyer, he suspects that the company did something wrong. The HR department can provide the legal justification for the termination to the employee. If they won't, THEN you hire a lawyer.

The bolded says just what I said. To protect the employer, not the employee.
In my industry, HR managers process new hires and process departures and any employment issues. Department heads responsible for hiring decide which candidates they are interested in, and submit the selections to HR to make sure they meet legal requirements and pass background checks. My last employer hasn't had an on site HR person in about 5 years. One person handles 3 different locations, one they are based at, and two remotely.
Benefits, sexual harassment training are all handled by third party outside firms remotely.
And in an economic downturn, like 2008, the first department eliminated has been HR.

 

[tvguy]

It's not a bad idea, even if you don't expect the company did anything wrong. You would want an employment attorney.

The thing that is most likely to be an issue that an attorney could help with would be non-compete agreements. When the company I previously worked for was bought out and laid a lot of people off, including me, they offered generous severance pay, but required signing a draconian 2-yr non-compete agreement to get it. My attorney told me to go ahead and sign it to get the payout, because the non-compete agreement was so badly written as to be totally unenforceable. Without that advice I would have thought I was obligated to either turn down the money or prepare to completely stay out of any employment in my field for 2 years. As it was I took a nice break for 2 months and went right back into a job in my field after that.

Excellent example.

 

[_19disnA]

Most likely, HR is behind what is going on, so they are probably the last people I would expect to be able to provide an objective position. I seriously doubt your boss would orchestrate this on his/her own and would have had to work through HR to initiate this action. Years ago, HR was there help protect the rights of the employees but probably in the last 20+ yrs or so.........not so much. An outside lawyer can look for any obvious statements in whatever paperwork you were provided that could be cause for concern. That lawyer could advise you on your next steps.

 

[starry_solo]

You want an employment lawyer.
a free consultation lawyer isn’t going to read a severance agreement and tell you whether it’s appropriate to sign.

 

[seshat0120]

You'd want an attorney who specializes in labor/employment. The website for your state's bar association should have an area where you can get a lawyer referral. The website should have a section that's labeled Public or something similar. Under that you should find links to either lawyer referral, find a lawyer or something similar.

 

[tvguy]

You want an employment lawyer.
a free consultation lawyer isn’t going to read a severance agreement and tell you whether it’s appropriate to sign.

Employment lawyers do free consultations. And an ethical lawyer isn't going to string you on past the free consultation if everything is appropriate.

 

[Allison]

I would always have a lawyer review any kind of employment or severance agreement. It would silly to take it to HR. They are the ones involved in creating the document and will always be representing the organization in these situations. Look for an employment lawyer.

 

[ronandannette]

Hey @sam_gordon , I just wanted to say sorry for what's happening. As a long-term employee myself, I imagine this must have come as a shock and unplanned changes to life's course are often unwelcome. Wishing you all the best with your transition.

 

[Allison]

"The main job of HR, from the C-suite point of view, is to protect the company by delivering competent employment candidates on a timely basis, supporting effective and legal recruitment and selection procedures, and keeping the company's behavior on the right side of the law at all times and in all matters."

If this person wants a lawyer, he suspects that the company did something wrong. The HR department can provide the legal justification for the termination to the employee. If they won't, THEN you hire a lawyer.

Suspecting the company did something wrong is by no means the only reason to engage a lawyer,

 

[disneychrista]

I want to ask is if I find another job and want to leave before October 7, do I still get the offered severance?

I assume this is a question your employer could answer for you. It seems like a straight forward question that they could answer. Not saying you shouldn't have a lawyer look it over, if that makes you feel more comfortable.

 

[starry_solo]

Employment lawyers do free consultations. And an ethical lawyer isn't going to string you on past the free consultation if everything is appropriate.

yes they do free consultations. But an ethical attorney, whom you want a legal opinion from, isn’t going to read a severance agreement, give you a legal opinion for free, and hope you don’t sue them for malpractice either. Even a free legal opinion opens up an attorney for malpractice.

 

[sam_gordon]

I assume this is a question your employer could answer for you. It seems like a straight forward question that they could answer. Not saying you shouldn't have a lawyer look it over, if that makes you feel more comfortable.

Sorry, I wasn't expecting the lawyer to answer that. That's A question I know I need to ask my employer. There may be others that I don't even know yet that a lawyer may help me figure out.