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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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I have polar and other serious mental health problems and i

Customer Question

i have bi polar and other serious mental health problems and i am having a hard time at work and i know my employer wants me gone can i ask for a severance package and voluntarily quit i am a traveling service tech for a major fast food chain in texas
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: i have bi polar and other serious mental health problems and i am having a hard time at work and i know my employer wants me gone can i ask for a severance package and voluntarily quit i am a traveling service tech for a major fast food chain in texas...
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You can certainly make that request, but most employers are only willing to give a severance when it is their desire to obtain a waiver from suit. If you would be voluntarily quitting, they wouldn't have to worry about a suit.

If you are running into issues at work, the employer may be willing to just bide their time and wait for a circumstance that would allow them to terminate legally, without concern for being sued.

That being said, your employer may be willing to extend a small severance in return for you signing a waiver from suit now and leaving without their having to arise a situation that would allow a legal termination. Whether or not they will be amenable to that though is completely up to them.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 3 months ago.
to be more specific i have been at my company about 15 months i was diagnosed with bi polar hypo mania panic disorder anxiety attacks hypertension about 6 months ago by 4 different doctors over the period of this passed 15 months and my employer has treated me differently ever sense then but not in a constructive way,i have been discriminated against ,Via direct supervisor speaking to me in a harsh verbal tone telling me thing like he is not my friend giving me assignments knowing i will have a difficult time completing them ......writing me up for asking for to much phone support and telling me he will no longer give me help and he did it in front of the maintenance director.................knowing i have extended probloms my supervisors are making my job much harder then i really needs to bethey want me to quit thats why i contacted you.........
Expert:  Allen M., Esq. replied 3 months ago.

I would immediately contact the EEOC under these circumstances. An attorney can sort of help at this point, but their first advice would be to do the same thing...go through the EEOC.

In order to preserve your rights, you have to go through the EEOC. Make an allegation of disability discrimination and then that government agency will put pressure on your employer. That pressure can then be used as a means of requesting a severance in return for dropping the claim. This is a much more reasonable and likely result from an EEOC investigation, which is free.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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