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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience:  Employment/Labor Law Litigation
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I need to discuss my situation with an employment law attorney

Resolved Question:

I need to discuss my situation with an employment law attorney and live in St. George, Utah. I worked for Liberty Mutual Insurance Company through their subsidiary Colorado Casualty Insurance Company, and am being asked to sign a waiver in exchange for a 'severance benefit' package.

If I should just sign and accept, I will, but I don't feel like everything is right in this situation and would like to make sure.

Frank
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

What are your questions concerning this waiver?

 

Did you have a contract of employment stating that you could only be terminated for cause which could have been the basis for a lawsuit against them for wrongful termination outside of the terms of that contract?

 

Do you have any evidence that the basis for your termination/lay off is your race, religion, gender, age, disability or FMLA use?

Customer: replied 1 year ago.

No, to both of the above. I was not laid off. I became totally disabled again, after working with them for over a year, and have been on disability since. Their plan ends now, and they are handling it as a termination even though I would like to work if they can provide working conditions I can take advantage of.


 


Frank

Expert:  Allen M., Esq. replied 1 year ago.

Ok. Here is the problem.

 

If you have been out of work with them for a year, the laws that would have protected your right to return to work no longer apply. Those laws only protect up to 12 weeks of medical leave.

 

Furthermore, the American's with Disabilities Act does not require an employer to grant reasonable accommodations in the job that you had. It does not require the employer to essentially create a job with work conditions tailored for your disability. Additionally, the ADA doesn't require reemployment, which is why the FMLA was passed and again, the FMLA only grants 12 weeks of protected medical leave.

 

Unfortunately, on the facts you've given, the employer is legally able to terminate in this situation. Because the termination would be legal, given these facts, I do not see that you lose any substantive rights by signing the waiver, but you stand to gain severance from it.

 

I would recommend signing the waiver.

 

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 5 other Employment Law Specialists are ready to help you

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