Q: Re: Employment Law. Given a separation agreement due to "Elimination of my position". It is not clear in the agreement
if I will receive unpaid accrued PTO (Paid-time Off). I cannot get a straight answer from the HR contact person. Note: There is a severance if I sign the agreement. but goes on to say "Employee acknowledges that foregoing payments and benefits in this Agreement includes any unused Paid Time Off"
Please advise or do you need to see entire document ?
A: Without having any opportunity to review the severance agreement I am unable to properly advise you about it. However, I will say that most employers who are represented by lawyers are told not to discuss the agreement with the employee because of the chance of creating a misunderstanding that might lead to litigation. Finally, I am also reasonably sure the agreement also says that you have had an opportunity to consult legal counsel prior to signing the agreement-which I hope is not what you are trying to do here. Translation: Either contact a lawyer and allow them to advise you properly or just make up your mind without benefit of legal counsel.
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