Thread regarding Sears layoffs

Questions I think we should all be asking.

We are looking through this paperwork handed to me on Feb 23rd. There is some deliberately conflicting language in there and it needs serious attention from everyone effected.

The questions this paperwork brings up in my mind are the following...

  1. One sheet says 'severance', one sheet says 'leave of absence'. Which is it? And what are the legal distinctions?

  2. When is my last day of service? When does the clock start ticking on the '45 days'? Leave of absence implies that my last day is in April - severance means my last day was Feb 23rd.

  3. If I find a new position, how does that impact the 10 weeks it was indicated I'd get? Am I legally required to inform Sears HR?

  4. The one page clearly states I will receive 'your usual pay and benefits during such leave period' and yet I was told in the separation meeting that my insurance would stop after the next full check. Which is it?


The way we are parsing out this paperwork indicates to me several things;

  1. That we are required to sign and return the release/waiver paperwork back to them in 45 days or we don't get the severance - and that the severance DOES NOT START until we get that paperwork into them.

  2. If we get another job before our severance period is done, we are required to notify them or they can take legal action against us. And that once we accept another position the severance is reduced or STOPS entirely.

Also - unemployment will not start until your severance is done. You are still considered an employee during the 'leave of absence' period.

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| 1745 views | | 12 replies (last February 27, 2017) | Reply
Post ID: @OP+M3BDL6E

12 replies (most recent on top)

We can argue all we want about how SHC should have been prepared with the layoffs but the fact is that they weren't, this should surprise no one. Stop worrying about terms like "leave of absence". The fact of the matter is you get nothing unless you sign the paperwork and fax it back within 45 days. These are the terms and good luck fighting them. Second, file for unemployment, they will either say yes or wait until severance is gone or we will pay you while you get your severance paperwork faxed. You have nothing to lose by filing. You could be approved for a few weeks while SHC gets you your severance, then get severance, then go back on unemployment. It's worth a try! The sooner you get the process going the better. Don't forget once unemployment approves you, they will require a "waiting week" so the longer you take the longer you wait for money.

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Post ID: @cee+M3BDL6E

That's what I've been saying. These layoffs were planned some time ago. Have the severance ready. Not just as something to tell the media. If you're offering it, give it. And locally provide the unemployment information to your people.

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Post ID: @eey+M3BDL6E

I am reading all of these comments about Severance and Leave of Absence, but correct me if I am wrong, aren't they two different things....why are they backed up? I am sure they just didn't decide on all of these layoffs overnight....shouldn't they have planned on getting the severance packages ready to roll out as soon as paperwotk was signed...having to fax in paper work and having 45 days to do it, seems like a stall tactic on the part of the company , so they do not have to pay severance....hoping that the laid off associates will find other jobs in the meantime. It is so unfortunate to read this, the associates laid off need that severance pay! After years of loyal service, do they deserve that kind of treatment? I am sure the corporate executives wouldn't want to wait on their weekly income! It just shows you how little Eddie thinks about or cares about his associates!

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Post ID: @voh+M3BDL6E

You have absolutely nothing to lose by applying for unemployment. The worst thing they could say is wait until your severance is up. I learned a long time ago not to think for other people.

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Post ID: @bcj+M3BDL6E

Seriously, former appliance associate, we are worried about feeding our families here, and you are complaining about incorrect use of affect and effect?

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Post ID: @fnn+M3BDL6E

My state doesn't allow unemployment benefits until all severance is exhausted so it's different everywhere. Makes sense to apply though and definitely get everything into SHC ASAP too.

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Post ID: @kvk+M3BDL6E

I wanted to add one more thing to my previous post. Even though I applied for everything the day I was let go, it took almost 4 weeks for everything to start rolling in, that's why I can't stress enough not to wait on it.

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Post ID: @jxg+M3BDL6E

Anyone who is saying you can't get unemployment does not know what they are talking about. My HR encouraged me to apply and I did. It also says on the paperwork that sears WONT contest the claim. What do you have to lose? Apply! Unemployment approved me and I got let go in January. DO NOT wait. The longer you wait the longer it will take. I was laid off and the SAME day I applied for unemployment and faxed my signed paperwork. You are put on "leave" because you are not working BUT you still need to be "on the books" for them to be able to pay you on your pay cycle. I repeat DO NOT wait to fill out your paper work and apply for unemployment. The severance thing was a pain for me because they are soooooo backed up from all the layoffs. They are behind on processing faxed paperwork. I can't tell you enough times to NOT wait.

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Post ID: @ryk+M3BDL6E

Please learn when to use affect vs. effect.

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Post ID: @rbq+M3BDL6E

Yes, it's horrible. But a fairly typical and expected move on their part. Sears corporate isn't exactly known for treating people internally very well.

Yes, leave of absence does effect ability to get unemployment. The end date of being an official employee ends when the severance ends. If people don't get a new job, their normal pay continues for (in my case) 10 weeks. Not so bad in and of itself, but the terms and restrictions on it are designed to give the laid off people the least advantage possible. We won't get severance unless we agree to the terms, and the terms are such that if we take any new position during the duration, we forfeit that severance.

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Post ID: @ksh+M3BDL6E

This is horrible - I am so confused reading this. I was not let go but this is horrible

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Post ID: @uaj+M3BDL6E

Just off the cuff but Leave of Absence??? Will that part affect your ability to get unemployment? Or does your leave of absence end & then you are considered laid off at that time? Or are you on a leave of absence until you return the paperwork? You're smart to read it all.

If you can get some legal advice as it applies to your state of residence, that would be good. If you don't know anyone, try a local law school for direction. Or if there are others you know, split the cost for some attorney time.

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Post ID: @lrq+M3BDL6E

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