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Reply to "So angry... Can any lawyer comment on this job loss debacle? "
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[quote=Anonymous]I'm always confused about why people get so hung up about their rights as an employee at termination of employment, when it sounds as though they've been fairly treated. An employment contract or agreement is not binding for life. Much like you can resign at any time, your employer can terminate your employment at any time, "without cause", provided they give you adequate notice and/or financial compensation in lieu of adequate notice. Termination with cause is generally cheaper for the employer, but takes longer and often can actually drain more financial resources. Wrongful dismissal is when your employment is terminated specifically because of one of the protected concerns, or if employment is terminated with a lack of adequate documentation (if termination is "for cause") or without adequate notice/ financial compensation (for "without cause"). Obviously, this becomes a little more complicated with long tenured employees as the amount of fair severance increases. The release that OPs niece signed is pretty standard, and probably also included agreements not to post or discuss the company or her termination on social media, etc. In general, there is extra severance/compensation that goes along with signing this, but in general, she was likely offered the fair amount at the start, and an extra amount for signing the agreement. As she is fairly new, young, educated, (ie. Will likely not experience undue hardship in finding another job in her field compared to other candidates), she doesn't really have much of a leg to stand on if she's seeking more. Sounds like the financial package offered was more than fair. [/quote]
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