Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I don’t believe I was fairly evaluated and now I have a

Customer Question
I don’t believe I...

I don’t believe I was fairly evaluated and now I have a severance package in my procession.

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

Yes, I sent my concerns via email and they were never responded to, and I met with a regional VP HR and followed wupneith email and was never followed up on, and now she has been laid off as well

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

I am in TX, and would be considered an at will employee

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

I am 1 of several persons in this specific role, and I would like to know are they being measured he same way? I feel like I was targeted

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 8 months ago
I would also like to know how negotiable is the severance package? I’ve been there 2-Yeas in a Director level role, and they offered 12 weeks.
Answered in 13 minutes by:
11/9/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

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

Unfortunately, there is no law that requires employers to fairly evaluate employees. The general rule is that employment is "at will" and as 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.

Severance is always negotiable, but unless you have proof that you were terminated because of a protected trait or activity, as defined above, you won't have much leverage to make demands. In fact, your employer is under no oblgiation to pay any severance at all, and at any time they could choose to rescind their offer. So it may be wise to consider how hard you want to push. 12 weeks is a very generous severance package in most circumstance. I don't think there would be much harm in asking for a bit more, but again, I think you probably just want to be careful not to push to hard or to turn this into an antagonistic negotiation.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
Hi Patrick, you should know I received a good revaluation in January 2017.. I then. Wen out I. FMLA for 8-weeks ( feb -march 2017), I received a write-up in June 2017, and severance package in October
Customer reply replied 8 months ago
Oops evaluation
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you. You could certainly try to argue that your termination was retaliation for the FMLA leave you took earlier in the year. However, given that it was three months after you returned that you received the writeup and a full 8 months before you were let go, it might be tough to draw much of a connection. You woudl probably need additional evidence of retaliation, such as negative comments about your use of FMLA leave, or a pattern of retaliating against those who take FMLA. Again, though, you can certainly try to use this to augment your severance. I would be careful not to push too hard, though, as your employer would be free to revoke their offer at any time and the 12 weeks may already be taking into account the litigation risk your employer perceives with regard to FMLA. As stated above, 12 weeks is generally considered to be a generous severance package, barring compelling legal claims that would be waived in exchange for agreeing to it.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Was there anything else I can do for you before we wrap up?

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,405
14,405 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I've been told my job is being eliminated and that I should
I've been told my job is being eliminated and that I should look for another role in the bank I work for. While I will likely have another role internally it will be at a lower level and pay if I want… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,612 satisfied customers
My employer restructed my department and eliminated my
my employer restructed my department and eliminated my position as a manager and offered me an individual contributor role, can I decline it and ask for a severance package instead? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
14,672 satisfied customers
After 9+ years of employment at the FL Managed Care company
After 9+ years of employment at the FL Managed Care company I work for I was informed in June 2016 that my position of VP, Sales, Marketing and Business Development was being eliminated and they were … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
My former employer (BCBSM) has denied dispersing my severance
My former employer (BCBSM) has denied dispersing my severance pay stating that I failed to accept offer within time period. (My job was not approved in 2007 budget and I retired Dec 2006.) In mid 2007… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My company has hit financially difficult times in the last
My company has hit financially difficult times in the last six months and has taken several actions to react to this challenge. One activity was a spans and layer analysis. During this analysis, my or… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
My company has hit financially difficult times in the last
My company has hit financially difficult times in the last six months and has taken several actions to react to this challenge. One activity was a spans and layer analysis. During this analysis, my or… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Concerning retaliation and unethical practices: I lost my job
Concerning retaliation and unethical practices: I lost my job this week (after 14 years at the company) as part of a "limited restructuring." I was the only manager in my department to lose my job. I … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
direcotor of catering operations with about 60-80 employees
direcotor of catering operations with about 60-80 employees depending on season. Counseled in august about office professionalism. I created action plan, VP would never read or ask questions. He never… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
9 satisfied customers
Im an employee within the Arapahoe County Information Technology
I'm an employee within the Arapahoe County Information Technology Department; I've had an above expectation performance rating and I've been promoted 5 times in 10 years. I've seen my manager “bully” … read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Good Evening, I received a cease and desist letter from
Good Evening, I received a cease and desist letter from my former companies attorney on Friday. I was laid off and received my 4 weeks vacation which my company called severance package. I'm German an… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was recently fired based on the fact that its not working
I was recently fired based on the fact that "it's not working out" & "your performance isn't where it should be". No performance issues were ever discussed. I've been with this company for over ten ye… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Hi, Im an online marketer with an MBA and almost 6 years
Hi, I'm an online marketer with an MBA and almost 6 years of marketing experience. I was employed by a clothing company since Dec 2007. Last week they laid off 15% of their work force (about 50 people… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Hello, My husband just informed me he was offered a package
Hello, My husband just informed me he was offered a package in lieu of being placed on corrective action. The package being offered is for 6 months, and he is a Director Level employee. He has had maj… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
An employee from my department called our corporate HR office
An employee from my department called our corporate HR office with a complaint about me. The complaint follow up was completely botched by the HR Director resulting in an unorthodox grilling of the re… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I took 12 weeks FMLA for the birth of a child in 2008. I am(was)
I took 12 weeks FMLA for the birth of a child in 2008. I am(was) a RN manager of an Emergency Room. Prior to leave I was acting as interim director also, as that person had been terminated a few month… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I am a Black Sr. Beauty Editor - major, national, predom./white
I am a Black Sr. Beauty Editor - major, national, predom./white publication. Approx 4-5 months after my hire, a Deputy Director was hired. Almost Immediately, her behavior toward me was degrating, hum… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I was employed by Northwestern Mutual from 1986 to last Friday,
I was employed by Northwestern Mutual from 1986 to last Friday, June 6, 2009, working at two different locations. This location from January of 2006 to last Friday. I was surprised on Friday afternoon… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
I was induced to leave my prior employer by recruiting ...
I was induced to leave my prior employer by recruiting efforts that greatly misrepresented the structural stability, strategic future, compensation, and cultural ethics of the recruiting company. I be… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
1,416 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x