Originally posted by: Bossk
The one thing my dad always said is to never sign a damn thing they put in front of you if they are letting you go. Take the paperwork with you and mull on it a bit. If they tell you that you cannot take it with you or think about it or anything, you get up and walk away. They cannot make you sign away unemployment benefits, it's illegal. Technically, you don't have to sign non-competes or NDAs, either. Of course, they can try to tie them together saying you sign one, you sign all; you refuse one, you refuse all. Then it's up to you and your "better judgment."
the reason they would try to get you to sign away unemployment is its cheaper for them. their unemployment rates go up for like 3 years (think its three, may be longer like 5 or so) after they fire someone even if the reason is the guys a complete moron and cant do the job.
also, if your in a type of job thats gonna require a NDA i would think they would require that before you started working or before you started the project that requires it. A company would be stupid to say oh, you're fired, by the way, on your way out can you sign ths NDA, thanks.
if that happened to me I'd be like fuck you, im telling the world everything and hope you enjoy you're higher unemployment rates for the next few years. only way i would let them off the unemployment thing is if i personally made out with what they offered me to 'quit'. but still. some of the stuff you guys are saying sounds like it would be a little on the grey side of the law if you ask me.
like the manager having people sign a resignation form when they are fired. that makes it not a fire. i mean once you sign it your pretty much fucked but its def unethical on their part. think about it, they want to get rid of you and it benifits them to have you resign. if your in that situation id say make them 'buy' your resignation.
i've never been in this position myself though, and im sure in the corporate world the resignation thing happens all the time, but i know a good chunk of it is the employee saving face and not being fired for being a bone head.
-Darth Simon