I was terminated after almost 6 years of service. I have always received superior reviews until a new admin came to our bldg. I was written up for things that were absolutley NOT relevant to me. I am a social worker and feel that since I mentioned Medicare fraud, and the patients were not receiving appropriate care-they wanted me gone. Texas is an at will state, but what can I do in negotiating a fair severance, since a month was an insult.
Hello and welcome,Does the company have a severance policy that would typically provide for more severance to be paid?Did you file formal complaints with the company (or the authorities) regarding your concerns about Medicare fraud or other legal violations?
I brought this to managements attention (our administrator) several times. I don't want this to get ugly, but not sure how to write a professional severance letter. I thought it would take me two weeks to find a job, and I am finding that I would have to take a 10-20K pay cut to stay in social work. I am a single mom so I cannot do that. I am looking at every option for jobs.
I see.There is federal and state protection against retaliation typically where an employee alleges Medicare fraud or reports illegal activities by an employer, so you may have a viable claim against the employer for lost wages and benefits.I would look for a local employment law attorney. If the company wishes to avoid legal action, you could likely obtain a settlement with them for months of lost wages/benefits if the attorney communicates a demand to them under state and federal whistleblower protection laws.Look for an attorney who takes contingency fee cases since you cannot afford to pay a retainer. The state and local bar associations can provide attorney referrals for you typically.Here is a link that discussing how to prove a claim of retaliation:http://labor-employment-law.lawyers.com/wrongful-termination/Proving-Retaliatory-Discharge-under-Federal-Law.html
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I know most of what you are telling me, but I have heard that you are more likely to get a better severance if you DO NOT retain an attorney. I just want to know how to write in my letter that I was an advocate for my patients, very loyal, but making it clear that I could be a whistleblower-without this sounding like extortion...
I would have to disagree with you about your perception that you could obtain more severance without an attorney.One would typically estimate the lost wages and benefits caused by the employer's wrongful conduct and offer to settle the matter for something less than the actual damages sustained. That would not be extortion since it is an offer to settle a legitimate case.Here is a link to a sample demand letter that would typically be used in attempting to settle such a case:http://www.google.com/url?sa=t&rct=j&q=sample%20demand%20letter%20wrongful%20termination&source=web&am p;cd=1&ved=0CGsQFjAA&url=http%3A%2F%2Fparalegaltoday.com%2Fforms%2F2007%2Fso07%2F10A-2.DOC&ei=fyf2T9bkFO642QXXg-DmBg&usg=AFQjCNGjyQyV9iVQ9fwbrCN0Eq3T6mIaew&cad=rja
That website is not coming up???
It is a Word document, so you will need to open it with that software if you have it. If you do not have Word, let me know and I will look for a different sample document for you.I just copied and pasted the link into a new tab and it does work as long as you have Word.
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