Post-Severance Contract Dilemmas: Ask HR Guy
Dear HR Guy,
I was recently laid off. I was told that the lay off was a result of "restructuring." I wasn't sure if this was legitimate, but I really disliked working for the company anyway, so I accepted the lay off without many questions.
In order to obtain severance, I had to sign an agreement stating that I would not sue the company for any past infractions, that I would not discuss the terms of the layoff, nor would I say anything negative about the company. I really needed the severance, so I signed the agreement, even though I felt I didn't trust the management to represent events fairly to others. I was afraid that they might tell prospective employers a different reason for my termination than the reason that they gave me, but I really needed the money. Also, the manager with whom I worked most closely acted sympathetic before the agreement was signed, and asked me if there was anything that he could do to help me find another position. Both the manager and the HR representative who laid me off told me the lay off was not in response to poor performance or attitude. However, since I signed the agreement, neither one of those people has responded to any efforts that I made to contact them. A prospective employer asked me if the company had provided me with a letter detailing the reason for my termination, and stating that it was because of a layoff. I contacted my former manager and the head of HR to try to obtain such a letter, but I received no response from either person.
The industry I work in is small and rumors travel fast. Because I have received no response from the former manager or the hr representative despite my attempts to contact them, I worry that they are telling prospective employers a different story about me than the one that they told me during the layoff. How can I find out what they are saying about me when potential employers call for references? What can I do in this situation?
I have had two situations now in the same industry where I was highly rated by interviewers, but did not get hired. When I tried to get some feedback as to what prevented me from being hired, I received no response.
Signed,
Feeling Powerless
Dear FP,
On the surface, the agreement you signed clearly limits your options; most courts of law will uphold the contract because they will assume that it was written, negotiated and signed in good faith by both parties. Your first move should be to take it to a lawyer familiar with severance contracts and see if there is any way around the items in question.
As to whether your former employers are spreading false information about you to other firms, you are definitely in a sticky situation, though it seems unlikely that someone would go to that trouble. If it concerns you, one option is to ask former colleagues to verify your suspicions. But that shouldn't be necessary - most likely your former supervisors are simply too busy. So before you accuse them of slander, consider how you can make the process as easy for them as possible, such as writing a letter explaining the conditions of your termination and sending it to them to sign.
Good Luck,
HR Guy
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