u/07734world

I was recently laid off because my position was eliminated and was offered a severance agreement. My separation date was 7/1 and I have 21 days to decide whether to sign it. The agreement itself doesn't say anything about being ineligible for future employment or restricting me from applying for jobs with the company.

I have two questions from an HR perspective:

1. Once my separation date has passed, is my employment status already considered terminated regardless of whether I sign the severance agreement? Or does waiting to sign affect how I'm viewed in the company's HR/recruiting system (for example, as a current employee vs. a former employee)?

2. I've already applied for several open positions at the same company because HR told me I was allowed to apply. In practice, do companies genuinely consider former employees in situations like this, or is it common for those applications to be automatically rejected or deprioritized after a layoff?

I was placed on an unpaid leave because my DACA work authorization renewal was delayed. Before my leave HR told me that once my work authorization was approved, they would coordinate my return-to-work process, and later emailed that they would review whether there was an available role for me upon reinstatement depending on business needs.

After my work authorization was approved I immediately notified HR. They replied that they would get back to me with a return-to-work date, but instead when I joined the scheduled call today, I was told my position had been eliminated and I'm being terminated.

My goal isn't to pursue litigation. I'd like an employment attorney to review my situation and advise me on whether there's any possibility of negotiating a return to the company or another position there before I make any decisions.

Unfortunately I can't afford private counsel right now, so I'm looking for recommendations for pro bono or low-cost employment attorneys or legal clinics in NYC. I've already contacted NYLAG and am waiting to hear back. If anyone has had a good experience with another organization, I'd really appreciate any recommendations. Thank you!

I'm in NYC and I was placed on an unpaid leave because my DACA work authorization renewal was delayed.

Before my leave, HR emailed me:

>"Once valid work authorization documentation is received, please notify HR as soon as possible so we can coordinate the return-to-work process and confirm next steps."

She also wrote:

>"Depending on the length of time you are out on leave and business needs at that time, we will review whether there is an available role for you to return to upon reinstatement."

After my work authorization was approved, I immediately notified HR. She replied:

>"Please let me get back to you on a return-to-work date. I will follow up with you on Tuesday."

I joined the call expecting to discuss my return date but instead HR informed me that my position had been eliminated. She explained that the company reviewed my performance improvement plan and decided they no longer needed that level of position going forward. She also said I'm welcome to apply for other positions within the company.

I'm not looking for legal advice or trying to argue with the company. I'm genuinely trying to understand this from an HR perspective.

My questions are:

1. Based on these communications, would it be reasonable for an employee to expect that the meeting was about returning to work?
2. From an HR perspective, is it ever appropriate for an employee to ask HR to reconsider or appeal a termination like this before signing any separation paperwork?
3. If my goal is genuinely to return to the company rather than pursue legal action, is there anything you would recommend I do, or avoid doing, before responding to HR?

Thanks in advance. I'm feeling pretty overwhelmed and would really appreciate any HR perspective.

I'm in NYC and was terminated today after being on an unpaid leave because my DACA work authorization renewal was delayed.

Before my leave, HR told me that once my work authorization was approved, they would coordinate my return-to-work process. They also emailed:

>Depending on the length of time you are out on leave and business needs at that time, we will review whether there is an available role for you to return to upon reinstatement.

After my work authorization was approved, I immediately notified HR. They replied:

>Please let me get back to you on a return-to-work date. I will follow up with you on Tuesday.

Today I joined the call expecting to discuss my return-to-work date, but instead I was told my position had been eliminated. HR explained that they reviewed my performance improvement plan and decided they no longer needed that level of position going forward. They also said I'm welcome to apply for other positions within the company.

My primary goal isn't money. If possible, I'd rather return to the company than pursue damages.

I have a few questions:

1. Is reinstatement ever something employment attorneys realistically pursue?
2. Given this timeline, what practical next steps would you recommend while I'm trying to get legal advice?
3. Is there anything I should avoid doing while my former employer is still sending me paperwork?

Thanks in advance. I'm feeling pretty overwhelmed by all of this and would really appreciate any practical guidance from those familiar with employment law.