Coerced into severance; employer refuses to define probation

[JustJustice]

My employer recently told me that I was going to be put on probation for "behavioral concerns." During this conversation, my HR director asked me if I'd entertain the idea of a severance package. I told her I would have to see the terms of any package but would consider entertaining a severance package.

Important note (at least I think so, but I'm not a lawyer): During this same conversation, the HR director informed me that the company had "no current legal right to let me go."

So my current situation is: accept the severance OR be put on probation.

Here's my legal question: In addition to seeing the terms of the severance, I asked to see the terms of my probation so as see to determine if the terms of my probation are attainable/solvable, OR if the terms are completely unattainable/subjective, thus giving them cause to terminate me.

My employer has denied my request to see this material.

Is this legal? And do I have any recourse for forcing them to provide this information to me prior to me making a decision on the severance package? And could this at all be construed as coercion to sign the severance?

I feel that my employer has essentially put me in the situation of accepting a severance, OR choosing an unknown/undefined probationary period.

Any advice or suggestions are most appreciated. And I'm happy to provide additional material if helpful. Thanks in advance for your guidance.

 

[cbg]

Do you have a contract of employment for a specific period of time?

What state are you in?

Are you a member of a union?

 

[JustJustice]

Thanks for the quick reply. To answer your questions:

1. No contract of employment.
2. In the District of Columbia.
3. We do not have a union.

Am I SOL?

 

[cbg]

Since you have no contract of employment, you are not in a union, and you are not in Montana, your HR director was mistaken. Without a contract of employment or CBA that specifically says otherwise, in every state except Montana and sometimes in Montana you can be fired for any reason that is not specifically prohibited by law. You can be fired because it's Wednesday. They could legally say to you, Your services are not longer required, don't let the door hit you in the butt on the way out, and that would be legal.

While I have no idea why they would consider putting you on probation without informing you of the terms of it, there is no law that specifies that you must be told the terms. It doesn't make any sense to me but it doesn't violate the law.

Severance is not required by law in DC.

I'm sure there is an agenda of some sort here but from what you've posted I can't figure out what it is, and nothing you have posted suggests it's an illegal agenda. It probably wouldn't be a bad idea to consult with a local attorney who can get hold of more details than I can, but frankly, it appears that the handwriting is on the wall. Either you're not telling me everything or they're not telling you everything, or both.