Severance extension

Hello all,

I am writing to inquire about help in negotiating an extension to my severance package after being let go from my sales position without any notice or warning. No PIP or anything. Quota across the board has been a struggle but I was meeting quota in the recent quarter. Start up company there's been a new CEO and management that have been bringing in past people they have worked with. I was not given a fair chance to improve my performance, prepare for a job search, or financially plan for this sudden change. Furthermore, I am concerned about the fact that another employee who was let go recently received a fair warning in advance that he had to close two deals in the quarter or would be let go, while I received no such warning. 

As you may know, I was employed under an at-will contract, which means that my employment could be terminated at any time and for any reason. However, I believe that the lack of warning or opportunity to improve my performance is not in line with fair employment practices.

In addition, my manager was pressuring me to sign the severance contract immediately, stating that if I did not sign it today, I would lose my severance for the month. This is against California laws that require a 21-day period before signing a severance agreement, and a seven-day period to revoke the agreement after signing.

Given the current market conditions and economy in the tech industry, I believe that an extension to my severance package would provide me with the necessary financial support during this difficult time. I am hoping to negotiate a fair extension that takes into account the circumstances surrounding my termination.

Thank you for your time and consideration in this matter. I look forward to your response and guidance.
🧠 Advice
😤 Conflict Resolution
☁️ Software Tech
17
jefe
Arsonist
6
🍁
That truly sucks, and sounds like you got a shit deal.

I think you're best off seeking some legal advice, especially given the the fact that they went against your state's legal requirements.

I'm not sure if any of us can really help.
RobertCalifornia
Contributor
4
Sales Development Representative
Thank you for your comment. Just to note I have not signed the agreement. I emailed HR on this matter today and have not heard back. I also had my manager on the email who responded separately saying “we should talk tomorrow about this”. I think it will try to be deflected and escalated before turning into an HR issue.
jefe
Arsonist
4
🍁
Get things in writing whenever you can. If you’re in a one-party consent state you might want to try and record any conversation. Are you remote or in the office?
RobertCalifornia
Contributor
0
Sales Development Representative
deescalated *
RobertCalifornia
Contributor
3
Sales Development Representative
Remote. I have an email in writing where it’s stated that if I don’t sign it I will lose out on severance for the month. I have been booted off all applications and email systems.
jefe
Arsonist
3
🍁
Record this meeting, and keep all documentation. Consider contacting an employment lawyer, preferably one with a free consultation.
HVACexpert
Politicker
2
sales engineer
This. No talks on phone unless it’s being recorded. Email only so you have a paper trail.

Good luck to you. Hope it works out.
oldcloser
Arsonist
3
💀
My only hope for you is that the cost of the legal help you seemingly require doesn't offset any extension the lawyer is able to secure.

Really terrible story.
detectivegibbles
Politicker
3
Sales Director
Hate this for you. Please don't beat yourself down. Not unique to your performance.

Was laid off and given a 2 week severance in November of 2022 (company HQ in Washington State, employed remotely in NC).

I think you will have a hard time fighting. It's likely they went through necessary steps to ensure they mitigate any potential lawsuits.

Any severance is better than no severance unless this was an agreed upon amount at time of signing your offer letter.

I'd encourage to ask, but expect the reply to be "this is all we can offer".

Best of luck.
Pachacuti
Politicker
3
They call me Daddy, Sales Daddy
I would immediately go to talk to a lawyer.

But, other than the minor timeline violations, I don’t think you have much to go on. At Will means at will. They don’t have to give you any chances. It’s not fair, etc but it is what it is. Just like you can quit at any time leaving then high and dry on generating sales in your territory.
RandyLahey
Politicker
2
Account Executive
First off, welcome to the WR. Feels like you took the time to take a look around. Great first post.

I would recommend looking at other jobs; this a nightmare scenario.

Also killer Username and profile pic sir.

case of australian reds, and columbian whites :)
HVACexpert
Politicker
1
sales engineer
Do you have to sign a non-compete or anything to get the package? My last company tried to do that and I didn’t sign.

I know there is pressure to sign to make sure you’re financially stable. But make the right choice for you , whatever that is, and think s out long term. Take your time on the correct decision. Hope it works out.
RobertCalifornia
Contributor
0
Sales Development Representative
Don’t have to sign a non-compete or anything like that. Thank you.
poweredbycaffeine
WR Lieutenant
1
☕️
Something smells...like a viable lawsuit.

Consults with employment lawyers are often free, and they might love this shit.
punishedlad
Tycoon
1
Business Development Team Lead
Unfortunately, since you were at-will, you're kind of fricked. They can fire you for no reason at all and there's nothing you can do about it.

You might have some standing on the severance negotiation since they are violating California law. It's worth seeking counsel, and fast.
Maximas
Tycoon
0
Senior Sales Executive
Echoing Jefe to find an employment attorney, since it went against the State's law,perhaps that's a good future consideration for you not to go with the At-Will Contracts that easily as it could be used against you any time just like apparently what happened.
Armageddon
Opinionated
0
Enterprise Account Executive
I’d chat with a lawyer and any HR friends
Justatitle
Big Shot
0
Account Executive
Talk about some bad moves by management, do you happen to have anything in writing that they pressured you to sign without proper time allotment for consideration of the offer?
FranchiseSalesQB
Politicker
0
Franchise Sales QB
lucky you got severance
2

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