Is it okay not to sign a separation and general release agreement? I was terminated without any notice. HR called me and shuts down my computer during the discussion. Termination is due to unsatisfactory performance. I was not on PIP or no one told me about it before. I’ve been in the firm for almost 11 months. I have been medically diagnosed with mental concerns but I have been doing my best for the past few months except when I am not being coached well and do not know what to do.

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No idea what the agreement says but no one can make you sign it.

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In all cases, never sign an agreement you don’t understand. You likely know this instinctively but it perhaps is worth stating.

When you were hired, did you sign an employment contract? If you have a copy, I would read it. And try to stall on signing any document until you understand your rights. This might be as simple as a short initial consultation with an employment attorney.

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Agreed. If you are not in an at will employ state, if there is no supporting documentation that has been communicated to you over the last 11 months, you may have an unlawful termination case?

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Why are employees mental health struggles the problem of employers all of a sudden.

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Employers are responsible for providing reasonable accommodations for all health issues and shouldn't be terminating folks for learning about the issue especially if it doesn't impact their ability to perform the work assigned. Typically if there is a poor performance, the employee is notified and coached several times which is documented to avoid unlawful termination issues. The fact that they are randomly terminating them without going through the appropriate action steps is an issue.

likehelpful

So you got this call out of the blue and they told you you’re being fired for poor performance and they pulled it 100% out of thin air and you had no idea whatsoever? Just making sure I understand.

I agree that the proper path is to be placed on a PIP still get chances to improve and if not then you get fired. however, considering the last portion of this post “i have been doing my best for the past few months except when I am not being coached well and do not know what to do” makes me think that these HAVE been discussions before and this is the justification as to why. Or the part of doing your best — is that just not up to par? Because people can do their best but sometimes it’s not enough.

Or depending on what these mental concerns are, is that effecting your ability to work / interact with people / creating an environment that is less than ideal? All of those things still may not be under “poor performance” but just curious as to how you got here.

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Never sign a doc if you do not get something in return.

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Nope. Don’t sign it.

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Does it matter ? Move on try to learn something from it

Life goes on

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You don't have to sign it. However, it's not like you get to keep your job if you don't. You can be fired for almost any reason except protected characteristics like sex and race. Disability (assuming you have one) is tricky, they only have to "reasonably accommodate" it. Consult an employment lawyer if you think you may have a case.

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Agree w others. If you signed anything at the start, compare the documents. Things to consider:
1) Besides just confirming dates of employment in the future, how would they answer the eligibility for rehire question?
2) if any vacation pay is owed to you, is that being paid out? What kind of severance is offered? Will they dispute an unemployment claim? What kind of benefits is extended and for how long?

If you don’t sign, it really just makes them legally squirm and uncomfortable, for maybe up to 5 years.

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Sorry to hear about this. My question is: Is there a probation period for new employees? If so, what is it? That covers a lot of legal liability for the company and I have seen people terminated during that time. Wish you well in your future endeavors.

I think it’s typically three months

You do not have to sign anything. They have said they are terminating you and at that point you are no longer an employee. There is no requirement or obligation to that employer at this point.

You do not have to sign. You might check with a lawyer first to see it you have any grounds for discrimination. If you sign, you have no grounds.

Unless they are giving you something in exchange - like a month’s severance - I would never sign it.

It’s completely to protect them from a wrongful termination suit. I suspect someone heard about your “mental issues” and HR is worried about an ADA lawsuit or something similar.

Again - as they have already terminated you, ask yourself what the downside to YOU is if you don’t sign it. That is the only consideration.

Update?

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