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I don't see this as a Federal issue as much as I see it as a State issue. Chances are you are going to be unemployed for a long stretch, especially if you are 4
by hwstar 11y ago
I don't see this as a Federal issue as much as I see it as a State issue. Chances are you are going to be unemployed for a long stretch, especially if you are 40+. If you take the severance, and refuse to support them, they could technically take you to court and attempt to claw back the severance. In California, the courts would quash this, but in Georgia, the courts would likely favour the employer.
Obviously, if you become employed in short order, then the needs of your employer are going to override the support requirement. I think that the bank has made a bet here that the people who were let go may not ever be employed again.
Additionally, if the person is re-employed elsewhere, it's much more costly to fight a well-financed employer, vs. a poorly financed employee.
This all stems from the fact the employer-employee relationship is not balanced with respect to labour laws grossly favouring the employer over the employees. The US is a third world country when it comes to labour law. Most of the governments in developed world would not tolerate this.
- norea-armozel 11y agoBecause federal law stipulates that you must be compensated for work done. No salary or wage? No work done. It's pretty straight forward as it also violates the 13th amendment where slavery was abolished. You can't demand labor without compensation as a private party. It doesn't matter if Georgian law allows it since it cannot trump the federal amendment. Or in simpler terms: the South shall never rise again.
- hwstar 11y agoI hope you are correct. I don't have much faith in the southern states changing anything for the better.
- norea-armozel 11y agoAlso, legally you're not bound to sign any severance agreement. You can lose whatever severance pay that would be given, but it's not contingent for employment if the employer has no objections.