Losing or Leaving a Job FAQ

Questions:

• Does my employer have to give a good reason for firing me?
• How do I know if I have an employment contract?
• What are illegal reasons for firing me?
• What can I do to protect any legal rights I might have before leaving my job?
• Does the First Amendment protect me from being fired for what I post on my personal blog -- even if I sometimes write about my job?
• My former employer is offering severance packages only to employees who sign a release; is this legal?
• Do employers have to give notice of impending layoffs?
• What rights do I have when I'm fired?

Answer:

My former employer is offering severance packages only to employees who sign a release; is this legal?

It depends. If you are already legally entitled to severance (for example, because it was promised in your employment contract or employee handbook), then your employer may not force you to sign a release to get it. However, if you aren't already legally entitled to severance, or if your employer is offering you additional benefits for signing a release, that may be perfectly legal. A release requires you to give up your right to sue your employer. Before you sign one, you should understand exactly what rights you are giving up and what you are getting in return. For more information, see Nolo's article Should You Sign a Release When You Lose Your Job?