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Story made short, I was hired as a Director for a hospital.

Hi, long story made...

Hi, long story made short, I was hired as a Director for a hospital. I had a positive, collaborative work relationship w/the COO (who resigned last May 2017). I was transitioned to working with a CNO, who unofficially changed my job description / title to Advocate. In the days / weeks following, I received a poor evaluation (below standards) and was placed on a performance improvement plan. Believing I was unfairly treated, I filed a grievance -- e.g. there is a white, male counterpart who had similar duties; but, was not exposed to similar treatment in my opinion. I indicated my interest in a Separation Agreement and the company offered (2) months salary. I don't feel the offer is commensurate with the damage caused. Do I have any basis to go back and demand additional severance?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Chicago, IL

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

Full time, at will.

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

The CNO has clearly made efforts to manage me out of my role and prevent me from doing my job, up to marginalizing my management role and excluding me from meetings. She also demonstrated similar behaviors with my predecessor, so I feel like there is a systemic issue within this organization.

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Answered in 4 minutes by:
2/19/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,218
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

You can always attempt to negotiate, but keep in mind that your leverage here is the threat of a lawsuit, and the facts you have described would not on their own make for a strong case of discrimination as nothing you have described suggests that the white male was not subjected to similar treatment BECAUSE he is a white male. It's that motivation which is everything. Unless you have additional facts which suggest that gender or race was your employer's specific motive here, then a discrimination claim would fail.

Two months, in all honesty, is not an unreasonable severance proposal under these circumstances. Again, I don't think it's unreasonable to attempt to negotiate more, but keep in mind that your employer has no legal obligation to offer any severance at all and if you push to hard it could cause the deal to fall through completely.

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.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,218
Experience: Significant experience in all areas of employment law.
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