separation agreements from employer?

Question

Hey Ya'll,

I signed the seperation agreement my company offered me because lawyers said it would be hard to prove the fired me for no reason as I live in an at will employment state and becasue I already landed anoher job 7 days later.

They gave me 7 days to sign(due 8/24) and 7 days after receipt to rescind.

I signed it on 8/22 and Fed Exed it back they got it on the 23rd, They did not issue a check till the 31st, I got it via messenger on the 1st.

To further add injury to insult they shorted me over $3500 and after a phone call I got smart and switched to email for proof and they had nerve to ask me to wait until Tuesday becasue of the holiday, mind you they did so in an email message.

I said no f-ing way send it fed ex for Saturday delivery it still has not gotten here.

Did they violate the terms of the agreement and can I now sue and keep the money?

I guess I wasnt clear - I consulted a lawyer - as most would when faced with a legal question. I paid for an hour of service, she is not on retainer. She did not say dont sue she left it up to me as I do have a viable case, its about how much time and effort I am willing to put in to collect.
The agreement said sign and we will issue payment 7 days from the date of receipt. If I didn't sign it in time they were not going to pay me shoudnt it work both ways?
I think both of the responders missed the point. I was not paid on time or in full as was the agreement signed by both parties -are they in default? - please dont give a sermon about bridge burning or causing shyt. - because that works BOTH ways.
I was a dedicated loyal employee that saved my company over 60K in the first two years of employmet alone, I had to have major life saving surgery, I was out for 10 weeks I returned and six weeks later was hurt on the job, 8 weeks after my return and 2 weeks after that I was FIRED!

Answer 1

A) You have lawyers
B) You are asking the question here

That does not make a lot of sense - but I am sure you have your reasons.

If you are asking CAN you sue - check with your lawyers.
If you are asking SHOULD you sue - here's my answer

I would not waste the time, money and energy to fight with them at this point.

You are getting all the money owed to you ~ AND ~ you have a new job ~ AND ~ you have already been told by lawyers that you don't want to sue over how you left the job. The only reason left to sue would be to try and create some hassle for the company. While you may succeed in creating a annoyance for them, I doubt you will do them any serious harm.

Also you have to be careful about burning bridges that you don't have to...you never know when it will come back to bite you. Whenever you leave a job, regardless of the reason, you should do so in a professional manner.

Answer 2

well you dont state when They stated they would pay you, however if you had 7 days to recind, and they paid one day after that date, then I would say they are being pretty darn responsible

as for making a $ mistake, as long as they are willing to correct the error, before or after a long weekend really wouldnt matter to a judge

why would you want to sue, you do realize if you sue, as a matter of pulbic record it will be public knowledge, then most employers if they find out about it, and believe me they will, will not likely hire you......ever