1. Have you signed any agreement which might prevent you from working in a competitive industry?
Contrary to popular belief, covenants not to compete and non-solicitation and confidentiality provisions are in fact enforceable by law in Florida.
2. Am I entitled to any unused vacation pay?
This is often answered by a review and understanding of the company's policies. In the absence of any policy stating that vacation pay is forfeited, you may be entitled to vacation.
3. Am I owed any commissions or bonuses upon my separation of employment?
Again, this question is generally answered by consulting with the company policy handbook or any compensation agreements that you may have with the company. It is important to get legal advice before the separation of employment to make sure that you understand your rights in this regard.
4. Does the company have a severance offer?
Please know that under Florida law severance is generally not required; however, companies regularly make such offers, particularly upon the request of long-term employees. Our firm would be happy to assist you in negotiating with a separation agreement and separation pay.
5. What is the company's policy on references?
It is important to know prior to separation as to whether or not the company will be providing you with a favorable reference of employment upon separation. This is often a fact that can be negotiated in conjunction with the separation agreement.
6. What can I say about the company in terms of whether I resigned or was terminated?
Your agreement as to whether your separation is a termination or a resignation is significant because it may affect your right to unemployment in moving forward. It is important to work these issues out, and if you are asked to resign, to make sure that you have the company's assurances that they will not contest your entitlement to unemployment compensation.
7. What will happen to my health benefits upon separation of employment?
It is important to know, particularly if you work for a small employer, that often times it is your responsibility and obligation to contact the employer to find out about your continuing obligation benefits, also known as COBRA. If you work for an employer who has twenty (20) or more full-time employees, it is the company's obligation to provide you written information on how to continue your coverage. Please know that in all situations a call to the insurance company is warranted to learn this information first-hand.
8. At all times during your employment were you paid properly?
It is important to know whether or not the company has inadvertently made mistakes in paying you, either by way of not paying overtime; not paying out Paid Time Off (PTO); or similar issues, prior to your separation. Often times knowing this information can be useful in negotiating a separation agreement with the employer.
9. What happens to my 401(k) monies?
In the event of a separation of employment, it is important to know your rights and obligations as to whether or not you are "vested" in any 401(k) or retirement plans that the employer may have to offer. These questions can often be answered by the administrator, but it should also be in conjunction with your tax preparer to make sure that you do not inadvertently agree to cash out any 401(k) monies which could result in huge tax liabilities to you.
10. What if I have, in my possession, company documents? What are my obligations upon separation?
Often companies have confidentiality requirements in their policies and handbooks or separate documents that you may have signed. These might require that you return property. In any event, it is always a good idea that upon separating with any employer that you submit a written letter advising that you have returned all company property. Make sure that enclosed with that letter you provide any and all documentation that you have in your possession.
It is important to distinguish between what is company property and what is your property. In Florida, because there is no right to your personnel file, you should consider all documents given to you by the employer as company property unless otherwise agreed upon.
**There are several common myths regarding employment separation in Florida. One common myth is that the company is required to give you a written reason for your separation. This is not in fact required. Another common myth is that the company is required to give you lengthy notice or pay in lieu of notice. This is another common misconception, which under Florida law is not true.
For any additional information or to schedule a consultation, please feel free to contact our firm.