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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111681
Experience:  20+ Years of Employment Law Experience
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I'm being forced out of my Engineering manager job. On the

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I'm being forced out of my Engineering manager job. On the last day before my paternity leave started, my boss asked me to resign after coming back from paternity leave. I am a full time employee working in Oregon. My manager is talking fairly openly to me about the reasons they want me to leave; it's not current performance, but a prediction of future performance. I'd actually like to stay but if I can't find a way to make that happen: I need help with negotiating separation package. I have $90,000 in stock options: most of that is unvested. It's likely to take 3 months to find a new job. I want to ask for 3 months pay with benefits and full vesting of my stock options. How do I approach making the request for this?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your boss is doing this on the verge of your paternity leave, this is a circumstantial case of DISCRIMINATION and RETALIATION under the FMLA since it is being used against you in your employment. So, your first step is to point out that they are predicating future performance on you using paternity leave and having a child, which is discrimination based on your sex and retaliation based on your use of the family leave. You need to also point out that this is something the EEOC and US Department of Labor takes seriously. Tell them you understand their concerns, but discrimination and retaliation is unlawful and if they want you to go then a 9 month severance package is appropriate (ask for 9 months and hope to get 4-6 months). Tell them you would agree then to not pursue your complaints to the EEOC and Department of Labor based on a reasonable severance offer.
That is how you would approach this. If they refuse, file your complaint to the EEOC and US DOL regarding discrimination based on sex and also retaliation based on use of paternity leave.