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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19179
Experience:  Employment/Labor Law Litigation
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I reported my SR. manager to my HR director in my company

Customer Question

I reported my SR. manager to my HR director in my company for accused me something that I did not do. The SR. manager wrote me up based on his lies not facts. After I reported, the next day the HR director told me that she had no choice then offered me a severance package and terminated my employment. I asked the director what was the result of my report and she did not give me a straight answer and she said there was a tension between me and my SR. manager. Should I shut up and take the severance package and let the bad guys win. The severance package is for 10 weeks paid.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year 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.

If you did not have a contract of employment stating that you could only be terminated for cause, your employment was at will and legally could be terminated without a cause. That would mean that terminating you based on the SR's false statements wouldn't be illegal and would form no basis for a lawsuit.

Then you'd only have a basis to sue if you can prove that the actual reason for your termination was your race, religion, gender, age, disability or recent medical leave use (FMLA).

If you don't have a contract and can't prove discrimination based on one of those factors, then you really have no reason to refuse the severance because you couldn't sue them successfully anyway.

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.

Expert:  Allen M., Esq. replied 1 year 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.