Dealing w/ Draconian Severance Contracts?

outOfWork asks: "I've just been recently announced that I was getting laid off from yet another dot-bomb company. I have received my papers and they are simply dragonian! I understand the need not to disclose any information on the company I was with (that's only natural; I have also signed a similar paper when I started working there anyways), however the papers they are requesting me to sign do include such terms as not being to sue (should I require to). I thought suing someone or a company was a fundamental freedom that we enjoyed here in Canada. If I do not sign these papers, they do mention that I will not be entitled to my severence's package. I'm fairly certain that several companies do these sorts of things, however do they have the right to do this? This company has had a bad reputation when it comes to how HR deals with certain issues and I'm wondering if they might be trying to pull a fast one on us. With the market being what it is, I could sure use that severence's package. Your input would be very welcome."

Comments

hhhmm..

[geekoid]

..If only there where a group of people skilled in the way of law you could ask this question to...

If you don't like it...

[Anonymous Coward]

Quit.

Err... wait, too late for that. Nevermind.

or better

[gabec]

sue them for the right to your severence package without having to sign away your right to sue. hehe.

Legally

[Uart]

You can't sign away your right to sue. Sign it, then sue till your heart is content....

Always look at the bright side

[Anonymous Bullard]

You didn't only get laid off, you're off and with time to get laid.

You never know what you can contract that way...

Two can play that game

[TrumpetPower!]

You say that they want you to sign something saying you won't sue them before they'll give you your severance pay. Well, turn it around: make it clear to them that, since you'll have nothing better to do with your time, you'll go sue-crazy if they don't give you your severence. You'll file separate suits for each percieved wrong they've ever done you, and you'll represent yourself. Their $500/hour lawyers will be wasting their time against your own out-of-work self. If necessary, you'll make a real stink about it, complete with media interviews, picketing, letters to their remaining clients, whatever.

If they're so freaked out by the possibility of you suing them, it's a perfect weapon to use against them.

Of course, you shouldn't necessarily expect a glowing recommendation from them, but they'll probably be to scared to actually write anything other than, ``He worked here.''

Remember, all they've got against you at this point is that severance package. You are under no obligation to sign anything new, and they're still obliged to give you that severance package (assuming it's in your contract or otherwise has already been promised to you). I really doubt they want to go to court over it, and you've got every reason to do so. The ball's in your...court.

Good luck,

b&