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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I was put on notice that upon return of vacation my employer

Customer Question

I was put on notice that upon return of vacation my employer would separate me from employment and terminate me, and then work out details of a separation package and keep me on as a temporary consultant. Upon return from vacation i received a letter saying i was terminated allready and that my health insurance would end at the end of June. I was informed this was a mistake, and i've since sent an e-mail asking for confirmation in writing about my health coverage and end date, and to request a meeting to negotiate the details of my separation agreement. I feel my employer is having a change of heart. Do i have legal rights and should i seek out an employment compensation attorney?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
Generally speaking, benefits, such as insurance and severance, are not protected in our legal framework, unless there is an employment contract that mandates the situations in which these are cancelled, permitted, etc. That said, if you feel as though your termination is rooted in discrimination based on your age, race, gender or disability (if applicable), then this treatment can violate federal and state statutes and may be actionable. Otherwise, there is likely not a lot that can be done. In the present circumstance, if you were promised a separation package, temp consulting job and insurance, then you may be able to argue that a de facto contract was formed and now those things are owed to you. You would have to prove an offer of these things, acceptance on your part and consideration (which is either your actions based on this agreement, or the actual events taking place and then being rescinded). If you have the evidence to prove this verbal contract for these things, then I do think you need to hire an employment attorney in your city to represent you and make sure that you separation from the company is as they promised that it would be. If you do not have evidence of this, then you can only make the best of a bad situation and try to work with them to see if they are willing to provide a separation agreement, insurance, etc. However, you should understand that you have no legal mechanism to force the issue (unless there is discrimination or a verbal contract). Let me know if you have any other questions or comments. Please also rate my answer positively. Best wishes going forward!
Customer: replied 2 years ago.
I was given word confidentially that the organization is concerned with my use of the expense account for credit card for use for car service travel and meals with clients work related. The organization had no policy and procedures for this and i've always used the card work related. I'm afriad they may try and terminate me for cause, and take back the verbal offer to create a separation agreement. I was told that when they wanted to let me go it was not one thing, but they did mention the expenses for travel went over budget, etc... What do you think?
Expert:  Delta-Lawyer replied 2 years ago.
If there is no more evidence of a contract or verbal agreement, then I am afraid that you don't have a lot of legal grounds to stand on. Moreover, with the information that they claim abuse of the expense account, I am afraid if you were to sue them, they may counter sue seeking reimbursement on some of the expenses related to the card - so you may end up having to not only prove the contract, but fight off their attack as well. Under the circumstances, the best plan is likely for you to move on from these people and find a new job with better, more ethical leadership. I wish I had better news on that front, but I am obligated to convey the legal reality of the situation.
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible moving forward. Thanks!