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Employment Today™


"EMPLOYER SAYS SIGN WAIVER OR ELSE! LEGAL DEMAND OR NOT?"

Dear Kathryn:

My employer's demanding I sign this wavier that says I won't sue them if and when I leave the company. I don't know what's going to happen during my employment here, so I feel that this is like signing a death sentence! What if I'm sexually harassed or terminated illegally? I'm fifty-eight years old and feel this is a ploy to keep me from having a claim to stake should they fire me unfairly due to my age. I've seen them fire other older workers and replace them with cheaper, younger employees.

I may be older but "stupid" isn't written on my forehead. Can they force me to sign this release? They have asked others to sign this as well and have tried to pawn it off as "good relations."

They are insisting we not sue and resort to "mediation and arbitration, not law suits" should any of us have issues with our treatment. I think they're planning a firing spree and covering their tails in advance.

MARY ANNE P., Wallingford, CT

Dear Mary Anne:

First, your employer cannot force you to sign anything without "consideration", (i.e., additional severance or compensation of some type.) In addition, your employer needs to allow you at least 21 days to review the waiver and to have an attorney review it if you desire. It's very odd that your employer is asking you to sign a waiver in advance of a termination. Attorney Henry Zaccardi and I agree that having you sign a waiver of future claims when you don't what claims you could be waiving seems strange. An employer, however, that is proposing an arbitration policy as a means of settling employee gripes is common and legal. That could be what your employer's proposal is designed to accomplish.

Not seeing the actual document, it's impossible to make a clear judgment, thus it's best you get together with co-workers and split the cost of an attorney to review the document. An attorney's one hour charge split several ways won't be such a pocket-book-crusher and worth it, considering rights you could be signing away. Good luck.

Dear Kathryn:

I've been looking for a new position after being laid off six months ago, with no permanent job offers coming my way. My two friends, also laid off at the same time, landed jobs within two and three months. All they do is drone on about their new jobs when all I can talk about are the ads I cut out.

I know I interview pretty well and have gotten second call backs, but no offers. I'm bummed out, in debt and find many of the employers I interviewed with four months ago advertising again the same jobs. I liked many of the companys but don't know whether I should re-contact them when they didn't hire me the first time around!

I've turned down temp assignments as they're usually boring and take up my job hunting and interview time. At this stage, given all the efforts I made, can you spare me some inspirational words to keep up my job-hunting enthusiasm and help me continue to carry on? Can I re-contact those same employers again?

SUSAN P., Pawcatuck, RI

Dear Susan:

First, it sounds like you need a bit of a support group to keep those spirits as pumped as they were when you first started the job hunt. No doubt about it, it's draining to keep the pavement worn, the interview outfit fresh and the attitude bubbly after countless interviews, hundreds of sent resumes and no bonafide job offers. That you stay very visible, and continue the networking, plugging away at every form of job applications active is critical, however. This includes re-contacting viable employers you made good impressions with four and five months ago. Just check in with them to see if new positions have developed, even if you don't see a recruiting ad for them. Many positions get filled from candidates that interviewed for other positions previously and the "recruiting ad" doesn't even make it to a placement agency or newspaper classified.

Most definitely revisit employers you positively impressed in previous interviews that are currently recruiting. You are the only one who cares more about you then anyone else and you're the only one who can re-impress them! Another, shined up resume, reselling you for the current position they're recruiting for and a bullet-oriented sell-letter is necessary. Don't throw temporary assignments in the "forget it" pile. Temp assignments put you in the employer's path, and whether or not you want the temp job permanently, it gives you exposure to the employer and other jobs that might open up. Introduce yourself to any viable hiring source in the company!

Last, check out this e-book: The Layoff Survival Guide (www.layoffsurvivalguide.com). You'll get the inspiration and positive energy you're not getting from your circle of employed friends.

Dear Kathryn:

We've always had a benefit policy where the sick days, vacation time and personal days are clearly delineated. Management, naturally gets more vacation time and we've got a "carry over" plan which creates a record keeping nightmare. I'm in favor of switching to a PTO (paid time off plan) as many of our competitors have done. My old fashioned boss thinks that our older employees will balk. He also has the misconception that it will allow employees more time out of the office. I say it will create a more positive environment and will result in less last minute absenteeism.

Employees won't lie about a sick day when they really wanted an extra vacation day. What's been your experience and how can I convince my stone-age employer this is the way of today?

KELLY P., Madison, CT

Dear Kelly:

You're right, Kelly! The PTO system is proving to be very successful for many employers. It can discourage absenteeism and definitely eliminates a lot of the record keeping headaches.

Under the PTO concept, a business gives employees a specified number of paid days or hours to use however they wish, as long as sufficient notice is provided for planned absences.

Whatever the reason for the absence is immaterial to the employer.