A QUIZ
Why would any Illinois employer, not required to do so by law, offer a separating employee a Severance Package/Severance Agreement?
I see from some other Web traffic that there are a number of experts on severance agreements out there, so this one should be easy.
I'll be back later today with the answer.
HINT: you won't find any clues in recent local news coverage.
posted by UMRBlog @ 06:50
31 comments
31 Comments:
You know Mr. C, it's really not worth jumping into the gutter with these internet folks. They're not going to believe anything you say that contradicts their Dan Brown-style conspiracy theories. I imagine you'll have to not approve a lot of vile comments, then they'll accuse you of censoring them, then you'll have to explain to them what censorship is...same silly fight, different players. Have fun playing with them.
0715--
You may have a point. I'm a coach at heart and my desire to educate frequently creates heat when the intention is to create light.
So far, neither heat nor light.
You have really identified the basic tensions of the blogosphere in general and your are correct. Thank you for letting me know there are some nostril-breathers left.
TYFCB
I'm already dizzy from the spin talk. Or maybe it's from H1N1......better run to the health department. Never mind they don't have any vaccine. Ah, I'll head to Goldman Sach's, they seemed to have aguired a couple hundred doeses.
I already know the answer. It wasn't real money from the employer's pocket in this case, it was just the stupid taxpayers money.
Well here's a couple, anyway:
The "gracious" reason -- in spite of possible recent problems, you've given many years of devoted service. We choose to recognize that and thank you in a tangible way.
The "practical" reason -- you have a contract which we are ending, whether for cause or not. You are entitled to certain things (such as vacation and holiday pay not used). Here ya go.
The "conspiracy" reason -- you got something on someone, so we're gonna pay you off to keep yer damn mouth shut.
Hopefully that will prime the pump. I am not saying I advocate any of these three reasons or that they apply in any recent events hereabouts.
While your at it, answer why was a confidentiality agreement needed in the first place?
Did the Beebster have some secret formula for fixing potholes that you didn't want him to share?
While you're at it, I meant.
Nobody's even vaguely close.
This questions can be boiled down another way: What does the EMPLOYER get for the severance payment (which, by the way, has nothing to do with earned time such as vacation and cashed sick time in the event the employer allows sick time to be cashed.)
Get out of your own way people. Think of something ANY EMPLOYER would want in that situation.
TYFCB
Am I dealing with all knuckleheads here? The question is not that hard.
Hint number two:
It starts with an "R" is the one thing that is always in all Severance agreement prepared by lawyers.
What would have value for ANY EMPLOYER? Get out of your own way, peeps.
ah...sweet release
I'm no expert or lawyer ... but I'll play along ...
"Release"?
Release from any liability for the "firing" ... they accept severance and give up any possible further claims (like for unjust firing)?
I've always gotten a reference when I left a job Mr. C.
A severance agreement should prohibit the employee from filing suit on his or her own behalf against the employer from any and all claims arising from the employment relationship. It should also prohibit the employee from encouraging or assisting others in filing suit against the company.
Hey,
We have three winners! You get a RELEASE. No lawsuits. No EEOC proceedings. No costs of defense. No arbitrators. No video of peeps walking to court or carrying file boxes.
Cerrado.
Certainty has a value.
Very good, class.
So, what's the purpose of the confidentiality clause?
If you can't can a bad employee without paying them off, doesn't it suggest a deficiency in your HR policies and managers?
UDN Dave,
Not every severance is a bad employee but you still face litigation expenses when you get rid of someone with, for example, a disability or over age 40. "Right is Right" sounds real nice but certainty has a value.
TYFCB
1848,
There's nothing about a confidentiality clause in my quiz question.
You can do your own quiz on your own blog.
TYFCB
UMR 7:22 PM
You wrote the thing. Why did you put it in there?
I just re-read the quiz question, which I did write. There's nothing about any confidentiality clause in there.
TYFCB
The city's pay off to the Beebster was less than the pay out to Spizzo, we get that.
People bitched about the $400,000, they're gonna bitch about the $40,000. That's the reality of the situation.
I am sure this was all about protecting "the city"
Even Sachs and Wilson charge this stinks of hush money
http://addins.wgem.com/blogs/citydesk/?p=140
"We question the judgement of Quincy officials regarding the Mike Beebe dismissal. The former Central Services director was dismissed after his arrest for disorderly conduct. The city paid out about $14,000 on money due for vacation time, unused benefits, whatever. The City then added about $19,000 to the dismissal package. That’s about three months salary for a city employee who was fired. The mayor says the extra money was “fair” given Beebe’s years of service to the city. Doug surmises the money was given as part of an agreement to assure Beebe’s silence regarding his dismissal. And, also, most likely a promise from Beebe not to sue. No one knows for sure since this information falls under confidentiality laws."
"A promise Not to Sue."
Ya think?
Got some Sherlockin' goin' on here.
Can't put anything past them boys.
TYFCB with some comedy relief.
0715--
Progress Report: 24 Comments before I had to reject one. An upset, no?
I think it's a phantom record. 9:40 11/6 was a borderline call. It may be a record, but it's kind of like Brett Favre laying down for Strahan's 22.5 sack
There's so much more to this story than money for release. Sex, lies and love letters for a start. Covering for mismanagement of this whole sorted affair is a complete abuse of tax payer dollars. Shame on you and the Spring administration for using tax money to protect yourselves. It will eventually come out.
0715,
That's really funny. I can see it rustling hair as it goes over heads.
TYFCB
1018,
In the Census at the turn of the century, there used to be the following questions:
"Do you have an idiot in your home?"
"Do you chain it?"
Your family would have had to check the "yes" box.
BTW,
I think you meant "sordid"
(This is edited where the elipse is below because the writer sought to identify personal information about non-public figures. Commenter's reasoning and personal insults to me appear intact as he/she wrote them.)
Jesus H Cameron. Answer the simple question of what could possibly be considered confidential concerning Beebe's job. ..... Man up smart ass, and explain why this wasn't at it appears, hush money. Now delete this and get back to fooling your loyal readers as to what a smart man you are .
The first sentence of that section (since it's been made public, simply reading it would have been an option for you.) restricts revealing the contents of the settlement agreement, nothing more. The second and third sentences are not confidentiality provisions at all. They are non-disparagement clauses. The fourth one prohibits disclosing information that is confidential in nature "obtained while employed in a supervisory capacity or acting as an employee of the city." I'll give you just one example: As a supervisor upline for dozens of employees, he is familiar with personnel disciplinary/EAP/FMLA material, all of which is, by law, confidential. Here, I'm talking about things he knows only because he's a supervisor, not things he knows because of social relationships or off work activity.
There are other categories (collective bargaining preparations, upcoming contracting needs for example.) but even you should get the idea.
The knoll has no grass.
What's a non-disparagement clause and why would something like be necessary? Might have been a good idea to get all these types of agreements in place BEFORE you have to fire someone. Kink of like background checks on IT people.
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