I got laid off and they are forcing me to sign the general release agreement.?

I’m based in NY. I got laid off last week and the separation agreement said they would keep me on payroll for 1 month and pay me salary if I sign the general release. The general release said I have 21 days to consider it. But after 6 days of getting laid off, the company says if I don’t sign it within the next 4 days, they would consider my employment terminated and not pay me anything. Basically they are pressuring me to sign it sooner than the law requires it. What can I do? Can I ignore their “warning” and take 21 days to consider it?

I think you have misstated what your release says. I’m familiar with standard release agreements for employees in New York and the 21 day provision is a representation that you make when you sign the release acknowledging (i) that you have been given up to 21 days from your receipt of the release to consider its meaning and effect and to decide whether you wish to agree to it and sign it or, (ii) that if you sign it sooner than that, you have waived your right to consider it for the full 21 day period.

Your company is telling you if you don’t waive the 21 day requirement then you won’t get your severance pay and if it follows through on that warning and you don’t sign and deliver the release to them in the next 4 days then you wont be getting any severance pay.

Unless you think you have some kind of claim against the company you should probably just sign the release. If you don’t have any claims against the company you are essentially releasing them from liability for something that doesn’t even exist in exchange for 1 months severance pay. If you think you have an actual claim against the company then you should consult a labor law attorney but you should not assume that just because the company wants you to sign a release that you actually have a potential claim. Many of our clients require all employees receiving severance pay to sign a release as standard operating procedure.

Press Release 2008 – Tarpon, much more than just payroll!