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I have a question about regarding wrongful termination.

Good Morning. I have a...
Good Morning. I have a question about regarding wrongful termination. Would you be able to answer some questions?
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Answered in 5 minutes by:
5/30/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,800
Experience: Exclusively practice labor and employment law.
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Customer reply replied 5 months ago
I am currently employed as a medical biller. I work remote from my home office in Indiana. My employer is in Glen Burnie, Maryland. I have been there for seven years. Recently a billing company has been considered by the center to take over billing. A month ago the center had an audit done of my work as well as the other remote employee's work. The audit was done by the billing company that is trying to get the center's account. It is a huge conflict of interest. Needless to say, my audit results were extremely negative. I have been told that after the board meets tomorrow evening I will most likely be terminated. I would like to know if I should ask for a severance package and based on the fact that my audit was performed by the billing company that wants to take over the account, is there any legal action I should consider?

Theoretically you could sue the billing company for doing this fraudulent audit – you'd sue them for tortious interference with contract, defamation, slander, intentional emotional distress. You don't have any rights vis-à-vis the employer – i.e. you do not have a lawsuit against the employer. I would consider asking for severance if I was in your situation given the unfairness of the matter and generally just mistreatment here.I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 5 months ago
What would your advice be on the terms of the severance package. I have never opted for any benefits as far as medical or retirement as I have never needed them. So I don't need to carry any benefits after termination. The center agreed to the audit and paid for it to be done. How many weeks of severance would you advise that I ask for? I have already submitted my rebuttal to the negative audit but I cannot be sure that the board will even be given a copy. Would it make a difference if they see it as far as how they negotiate my severance? If so, I can fight for this to happen. I have been fighting against having this audit done for over a year. I am exhausted and stressed out all the time. It seems pointless to keep fighting for this position, especially when there is no outside company doing the audit. I will never win. But I want fair compensation when I am terminated.

I would generally state in the severance letter the reasons you believe your termination unfair, the Pentagon employee, that you didn't take the certain benefits while employed even though you could have.Generally the severance agreement should pay 3 to 6 months severance (that's about average). In exchange for that you release the employer from any liability arising out of employment. There should generally be a mutual non-defamation, at least a neutral reference or no reference (given to future employers), and an agreement not to dispute your unemployment claim.

If you ask for much more than that they're not going to give it to you and you'll end up with nothing. Even though you're in the right here, you don't really have legal rights. So whatever you can get out of it you should.

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Customer reply replied 5 months ago
Does this subscription include any sample letters for severance agreements and can I get further information regarding release of liability and non-defamation? Can I get help through this service as far as drafting a letter?

But you are requesting is a premium service, which is an extra charge. I would be willing to give you a form severance letter. However, drafting a specific letter for you to this employer is really beyond the scope of this website. Let me know if you're interested. Thanks.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,800
Experience: Exclusively practice labor and employment law.
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Customer reply replied 5 months ago
I will wait to see what they offer, if anything. Thank you for your time, I appreciate this information!
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John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,800
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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