I was terminated from my California job without the 30day written notice specified in my employment contract.?

On the day of termination I was asked to sign a statement (which I did)that both parties had agreed that this was to be the last date of employment and that If I signed an agreement (which I did not) releasing the employer from all lliabilities I would then get one month's severance pay.Does signing the first statement now prevent me from suing for breach of contract? What are the remedies available to me?

go see a lawyer

You are in California and got terminated? I'd blame Arny the Govenator.

write them a letter stating that it is a breach and u realise that...
then if they ignore u take legal action

You signed your name telling them it was okay in this instance to bend the rules in their favor. You shouldve signed the second one because they were trying to do that as a goodwill gesture that you wouldnt sue them, but technically they are right and suing them wont get you anything.

I'm just shocked -- I'm in Florida and EMPLOYEES get NO help whatsoever........no laws to protect them at all. I was fired because I had breast cancer BUT the employer called it "missing too much work" -- gee, 3 surgeries, treatments, etc......and the State won't even help. I could have just let it go and I'd be dead by now but the State of Florida doesn't care. Down here we get let go most of the time with no severance EVEN IF it's a lay off......then you get a whopping $250 wk for unemployment!!! Now THAT pays the bills. Sorry -- a tad stressed -- was laid of 5 weeks ago...............I'm sorry........I think you should check with the Labor Laws in California -- hope you get a good link here -- good luck though!!!

California has some of the most unusual employment laws in the country. There are many caveats, so I would think finding a good lawyer would be in order. If the remedy is equal to the loss, however, what was there to gain by refusing the agreement? They could have given you 30 days notice and required you to work it out. Instead they offered 30 days pay for you to "go away" and not sue them. Unless there were other issues, this probably was the way to go.

I have no idea, I think you shouldn't have signed that though. Or at least you should have put in it, that you were signing only in duress. Meaning that you signed it, but you didn't want to. That way it would have helped you.

Good Luck.

Its possible that when you signed the termination agreement that you essentially nullified your contract...that was the goal of your former employer however If you were under duress and excessive pressure to sign that agreement then that agreement is essentially null and void..If I were you I would sue the crap out of them just for placing me under that kind of pressure if you get my drift ,,Good Luck

Get a copy of the original contract, the statements that you signed on the day of termination and the one that you didn't sign and have an attorney review it. You may have a case of breach of contract and attempt to commit fraud if the company attempt to deny you the right of severance pay. If your attorney find there may be a case, a suit can be filed and demand severance pay with penalty and damages up to 10 times the original severance package. Trust me, they'll want to settle before going to trial. If there is a settlement, demand attorney's fee be paid by them.

You really don't have any legal grounds and what your employer has done is offer to pay you in lieu of notice. I usually do not take the side of the employer, but they did what they were obligated to do. They offered to pay you for the 30 days after your release. What else do you want? They could have demanded you work for the final 30 days, but that is usually not a good idea. There are many instances of employees sabotaging operations and undermining the company in such instances.

In summary, the 30-day written notice does nothing more than guarantee your pay continuance after notice of dismissal. Sign the second agreement (the release) and get on with your life. You are not the victim here!

I'm not sure how this is a Classical Music question, but...

If your employment contract did not stipulate severance under a normal layoff WITH 30 days notice, and you got immediate termination with 30 days severance, you got the same compensation either way, so what's the squabble?

Since you didn't sign the second form, I presume you didn't get your severance package. If you sue them, all you'll get is the damages (the 30 days severance), because, in fact, they operated in good faith. And if you sue them, you'll have to hand over 30% of that 30 day's wages to your lawyer. So, you really won't get much at all.

Perhaps you should have considered all of this before standing on principles and not signing the liability waiver.

I think you meant to post this in the "Country Music" category. Lost my job, lost my dog, I'm goin' fishin'.

Seriously, though, I have no idea if you can sue. Talk to a lawyer.