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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I was layoff, the reason is that the company was in a bad

Customer Question

Good afternoon. I was layoff, the reason for that is that the company was in a bad financial situation and they cannot hold my position as a manager but the business unit were I worked passed the financial goals a month ago. Since I came to the US with a L1 visa now I have to come back to my country and the severance package they are offering me looks like is not reasonable 1 week per worked year + vacation days + 7K of repatriation cost but since I was lay off I had to brake the lease and just that will cost me 11K. Additional to that they did not offer anything for relocation allowance.
During the time I work for this company I reported to HR in at least 3 times verbal harassment situation the response that I got from HR was that they will talk to this person but this issue continued. Last response that I got from them is that that person has a background from military and that I should understand the way that he talks. In one of the claims that I did HR did an internal investigation and they find out that I was telling the true, they told me again that they will talk to him. This person sat 2 times behind my desk to watch what I was doing again I reported and they told me again that they will talk to him. Now they are pushing me to sign the severance package but I am not sure if I should just terminate the things like this or look for legal representation. by the way now this person has been promoted and I was fired from the company..thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience in the employment law sector. It is a pleasure to assist you today.

Based on what you have shared with me, if they had not offered you a severance package (which is not required by law), I would say that it may be worth it for you to contact the EEOC about filing a complaint for discrimination in the workforce, which is against federal law.

That said, most EEOC complaints do not result in a successful litigation. Moreover, since you may be out of the country, even if the EEOC allows you to sue by issuing a right to sue letter, it may be difficult to find an attorney and be present to be deposed or for trial (things that will be necessary in litigation).

As such, with all things being considered, I would advise you to sign the agreement and receive the severance package. As a frame of reference, less than 10% of US workers receive a severance offer when they are let go. Moreover, since the company is in bad shape financially, they can use that as a basis for your termination. It will be very hard to overcome that argument in court if you sue for discrimination.

So, the best legal move here for you is to accept the severance and move on with your life. I know that may be hard to stomach, but I have seen this in the past many times. This will be the best route for you in the end.

Let me know if you have any other questions. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit from my response.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or concerns? I want you to be as comfortable as possible moving forward.