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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12921
Experience:  Significant experience in all areas of employment law.
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I was terminated after a 60 day performance improvement plan

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I was terminated after a 60 day performance improvement plan and then a "final" 30 day performance improvement plan, but did not recevei any coaching or feedback during this period. The opinion o fmy manager was all subjective I have a unique job that no one has ever done for this company. There has been a lot of instability in the management position above me (5 different managers in almost 4 years) . I think that the last 2 manager were trying to remove me because the person above them (cheif marketing officer) just did not want me any longer.. She thinks marketing people expires after 2 years and should be replaced with some one cheaper, perhaps younger, ... Do I have a Case?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Maryland. (PS sorry about the typos in my first post)
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, exempt and at will (no union).
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don;t want my job back. I want to make sure they do not dispute an unemployment claim and I would really appreciate some severance. (2 week pay for each year I was 3.8 yrs.) They have put me through extreme stress for 9 months and I have felt threaten every day. It was so obvious that the CMO was behind this that my managers would not even compliment me for a job well done.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The good news is that you should have no trouble getting approved for unemploymnt benefits based on what you have described. This is the case because eligibility for benefits simply hinges on whether or not you have be terminated for "misconduct." This is a very high standard that would generally require proving that you did something intentional or highly reckless to get fired, which is clearly not the case here.

The unfortunate news is that you have not described facts which suggest any claim for wrongful termination. As a general matter, employment in the state of Maryland is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. Therefore, you can be terminated based on subjective and unfair assessments about your performance being inadequate. You can be terminated without receiving training or coaching. You can also be terminated to be replaced with someone cheaper.

You can certainly attempt to negotiate some sort of severance package, but as your main leverage in such a negotiation is the threat of a lawsuit and there isn't much of a basis to sue here, you probably don't have much bargaining power. Still, many employers are willing to offer something, even when there is no realistic legal exposure, because it ties up lose ends for them and ensures they won't have to defend against a frivolous suit. I would consider asking for something around 8 weeks, generally in cases like this. You have nothing to lose by asking, and your employer might very well agree.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Patrick, Esq. and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. I did send a certified letter to the CEO, VP of HR and CMO, plus my two co-managers 4 days after I was discharged. In the letter I offered to wrap up any lose ends and in progress projects either being 100% remote or coming in to the office if they preferred. And, if that was not acceptable to please reconsider and provide me with a financial severance package. The VP of HR emails me back an said no, plus included in his email even more BS that "supported" their case. Really crappy way to treat someone who pulled an entire marketing channel together that was crashing n' burning when I first arrived. Thanks.