Good news that she went to work yesterday and met with HR. Good news that you now know she will have a viable exit strategy. It would have been nice and much less stressful if they told her this at the same time they terminated her. She should get it in writing and let you look at it. Then accept it if it seems to be as stated.
It’s so very hard when our kids run into problems. Hang in there. It’s great that she is sharing information with you now and coming to you for support.
like I originally said I would consult an employment attorney but probably not sue. there is the employers side to the story too. if she does sue she probably will never go to court but you will be deposed if it gets that far and that will be beyond uncomfortable and mentally taxing. I agree moving on is the best route, take the best deal they offer…take it as a learning experience (yeah I know that sounds a little cheesy) but quickly hit the ground running. if they are calling her because they are worried that means they want this resolved.(in other words she could maybe get a little more from them ) and like you said a mutual agreement is code for she was fired.(try to get that wording removed from how they tell future job prospects why she left)
and like lookingforward said " I think my main concern would be making sure she is healthy" make sure she gets on the correct meds at the correct dose. maybe if possible see another doctor for a 2nd opinion on her treatment.(IMO)
If she were my daughter I would also advise her to take option #1, but I would also let the HR know that the document will be reviewed by a lawyer. My negotiations were always very successful with HR’s knowledge that I was working with a lawyer, even though I have never engaged one officially (my sister was my in house lawyer). I would consult a lawyer to see if anything else should be added to the separation agreement. I would also try to be as friendly and professional in dealing with HR, but be careful about saying too much. They can be helpful if they like you or sympathize with you.
What is the second option?
it sounded like option 2 was to stay, but perhaps with some performance hurdles she needs to achieve related to whatever was happening (e.g. late to work etc.).
Option 2 is setting up a long firing, in essence. Let HR know she’s considering the options, and then review option 1 with an employment/labor with MI specialty attorney to make sure it’s water-right and not hurting her. Then, on to a new job, after accepting option 1. NAMI might be a resource.
I would think much thought would need to be explored to find any gain from fighting this severance at a company for a 9 month employee in an entry level position, but that’s just my opinion. If the parent is advising, the D needs to make sure the parent knows every little detail before exploring options. Certainly, the D could consult with an attorney but the cost/benefit should be weighed in my opinion.
For 9 months, offered her salary for 11 weeks (to 7/31 and then 8 weeks.) I don’t think you’ll improve that to more money for such a short term. The company is offering to side step “fired” or a hint of poor performance. I think the goal is to find the right words your D uses, when/if she has to explain.
Right now, you’re all in crisis, tend to that. If it’s possible, if she’s better away from that dept, if part of the problem was stresses in the particular environment, she gets back on the market as soon as feasible. Done well, “mutual agreement” isn’t going to close doors.
Agree and yes, in my experience that is a generous severance. I agree to get back on the market as soon as possible as long as the mental health issues are fixed…otherwise the same issues that hurt her work record could potentially happen again. It can be a tall order for the employee, but almost every employer will say the number one most important thing for an employee is to “be there” in mind, body and spirit. Can be a tall order if chaos is happening in your personal life, I know I’ve just come through a year dealing with a parental death, another family member who developed dementia and a number of other personal things that impacted my ability to “be there in mind, body and spirit” in a manner that was expected at my job and required enormous inner strength on my part and I’m not a new young employee either so my track record is much longer than 9 months.
Let’s see what the NPV is here. 8 weeks severance pay vs. unemployment bennies. Unemployment bennies = her probability of getting unemployment pay x number of weeks until she finds a job x weekly unemployment bennies. Too many variables in the equation for anyone not familiar with all the facts to answer. If she thinks she can find another job in less than 8 weeks, then the answer is clear. I would negotiate to get COBRA payments for a year or until she finds a job with a comparable insurance.
ETA: she might be eligible for unemployment bennies even if she gets severance pay depending on the state law. That’s where an attorney might be helpful.
UI couldn’t start until the severance ran out. It’s possible to apply for UI in advance of an end date (eg, where layoffs are announced in advance. May depend on state laws.) An alternative to COBRA, which can be defeatingly expensive, is to get on the parents’ insurance or ACA/Obamacare.
BB, I can start to see why, in a crisis, having an attorney help with decisions and possibilities may make sense. Not to fight, but to help understand.
A patient of mine hired an attorney when she felt unfairly fired. The case dragged on a year before they met with the mediator. The mom & pop owners refused to pay the amount settled, and are willing to go to court. My patient was billed the $1800 for mediator? Transcription? And she couldn’t afford to pay. Her lawyer dropped her.
She is relieved, as it was clear the owners would put up a fight. Her lawyer spoke of all his hours, and he might have thought it wasn’t worth all the depositions and time for court. This just happened. I’m sure the psychiatrist and myself would have been deposed, as well as work colleagues. Quite painful process.
I think my patient would have been thrilled with the severance package offered to OP’s DD. she got nothing
The Cobra is what stinks financially no matter how you sever with your employer. If the OPs D is under 26 then that is even better as her parents can pick her up hopefully on their insurance. One time in a RIF I got most of my COBRA covered, the next time I could not negotiate this point and the $$ every month until I found a new job was insult on injury.
“UI couldn’t start until the severance ran out.”
Wrong. It depends on how severance was paid and the state law. In WA, one could get unemployment bennies even if a lump sum severance was given depending on what the severance was tied to (my experience with massive layoffs were years ago, so I do not know if it is still the case). That’s why a consult with atty could be helpful here. Not to start a fight, but to get the right info.
Right, lump vs “8 weeks.” To be detegmjned and translated. Not disagreeing. Will be curious to hear.more from OP.
I won’t know more until next week when gets everything in writing. She actually started working for the company 2/15. The first two months she was still being paid by the temp agency but working at the job she was ultimately given by the company. She was told after one month that she was going to be offered a permanent job because her work performance was so great.
Is she applying for new jobs right now? Getting a new job now would mean she wouldn’t have to say she had been fired, as she is still employed there until Aug 1. Also I agree she should talk to HR about being allowed to resign.
I agree with @BunsenBurner that unemployment benefits are separate from a severance package, in some states. A family member in California was given 6 months of severance (from a job held for 12 years), but unemployment benefits started almost immediately. I think the wait was 1 week.
I was given a year lump sum severance and was able to collect unemployment right away. I asked the HR person if I would be eligible (I think they need to sign something). She said yes.
And in WA, you could work your job you were about to lose during the wait week, so the bennies could begin on the day you are actually unemployed if you have not worked during the week for which you are claiming benefits.
Also, your state might have specific requirements on job-seeking activities to continue to be eligible for unemployment. The records of those activities might need to be kept for a while. My file was audited - after I found a new job.