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Ask Loren Your Own Question
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 30349
Experience:  More than 30 years in legal practice.
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My current employer of 10 years has given me a choice to resign

Customer Question

My current employer of 10 years has given me a choice to resign my position or to return to work with a performance improvement plan that is obviously going to be a set up and give reason to fire me in the near future. I have been a victim of retaliation or some sort of wrongful reason and am being "forced out" by my manager. Lies and over exaggerated situations have been gathered and used against me over 2 and 1/2 months and this is where I am now. They want my resignation letter NOW and feel I have a case against them. Should I request severance pay/package?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to provide an honest and accurate answer to your question.
Before I answer a bit more detail would be helpful.
Do you have a written contract providing for severance?
Thank you.
Customer: replied 1 year ago.
No contract
Expert:  Loren replied 1 year ago.
Thank you for the additional information. The employer has no legal obligation to pay severance. If you are intent on leaving, though, there is no reason not to ask.
Customer: replied 1 year ago.
No, not under contract
Expert:  Loren replied 1 year ago.
If the employer believes they have some exposure to liability then they may pay you for your release.
Expert:  Loren replied 1 year ago.
If you are going to try to negotiate a severance package it may be strategically advantageous to have an attorney communicate with your employer so that they believe there is a real risk of you pursuing a claim.
Expert:  Loren replied 1 year ago.
Are you still online with me?