Employment Law

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I feel I am being retaliated against by the owner of the…

Customer Question
I feel I am...

I feel I am being retaliated against by the owner of the company and making a very uncomfortable situation

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes I have I filed a complaint and now I am being released of duties and being told not to talk with some employees very uncomfortable

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I use to be part of HR also, I know I am going to be fired this week

Submitted: 10 months ago.Category: Employment Law
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9/26/2017
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,244
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. I’m very sorry to hear about your situation. What specific questions did you have for me regarding this that I can help you with?

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Customer reply replied 10 months ago
I have 45 days to sign the separation agreement given to me but I am now unemployed I would like to know what is my next move to protect myself? I do not want to sign the agreement and I would like to be represented
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I’m very sorry to hear that. Is there anything in the separation agreement that makes you uncomfortable?

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Customer reply replied 10 months ago
I do not like the severance pay and also there are 2 write ups
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I understand what you mean. There is a good way that I have seen for you to be able to protect yourself.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

This means that you should probably come up with 2-3 counter offers that may be helpful in resolving the issue, including paying out a larger severance over time, providing you with your benefits for the next few months in exchange for a lower salary amount, or some other benefits that you can think of.

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Customer reply replied 10 months ago
I filed with eeoc isn't that what they would do
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

Perhaps. The EEOC will conduct an investigation typically to determine whether any discrimination occurred. If that is the case, then they will issue a Letter of Determination stating there's reason to believe that discrimination occurred and they will invite both you and the other party to engage in conciliation, which is just an informal process to resolve the complaint. If you can't do that, then you can bring a lawsuit.

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Customer reply replied 10 months ago
ok So my question is then should I get a lawyer or wait for eeoc? I have 45 days to sign the separation papers
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I'd recommend hiring a lawyer. The best part is that you don't even need to hire an attorney, you can have a representative help you out through the EEOC process. However, if you hire a lawyer, you'll need to find a good one.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people.

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Customer reply replied 10 months ago
Thank you for your help and advice
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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