“Can I be forced to sign a ‘voluntary’ resignation form to get my severance?”

Question: Hello. I have worked for our county government for 10 years, I will be handing in my “involuntary resignation” tomorrow because I was recently informed that they were doing away with my job duties, and replacing them with HR Officer responsibilities. Even though people in this position usually make twice what I do for these duties, they have not offered any reclassification or pay raise. I think it is wrong.

Can they make me sign a resignation form that says it is “voluntary” to receive my severance monies that are coming to me as an employee for 10 years? Thank you!!

        Dayton Beach, Florida

Answer: Hello, to you, too. Sorry to be the bearer of bad news, but in order for employees to get separation (or severance) monies, it is almost always required that they sign a document by which they “offer their resignation voluntarily.” Of course, this is a fiction, untrue and unfair. However, it is considered the “thing” you are giving them in order to get the monies that are due you.

That is, for want of a better word, the “deal.” If, though, you feel that you are being dishonestly pushed out of your job, or illegally being discriminated against, or in some other way being denied your job unfairly, you can try to negotiate the amount of your severance. If this is the case, you might read our articles and watch our videos on “How to Negotiate Severance.” To do so, simply [click here].

My hopes go out to you for a quick rebound to another job.

Best, Al Sklover

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© 2010 Alan L. Sklover, All Rights Reserved.

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