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I was recently terminated from my company. I feel the still…

Customer Question
Good morning I was...

Good morning I was recently terminated from my company. I feel the still there's a lot more behind this I had just recent return from F MLA leave. I have been harassed on the job for several months by my operations manager. I don't understand the language of this severance package which I deem totally unfair. I need to speak to someone before tomorrow

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Yes I have spoken with HR manager But have not spoken with the attorney yet

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes I was an at will and ploy I and know there was no Union on my side

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

They offer a severance package but there's a lot of information that I am not familiar with

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
3/19/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

What questions did you have about your severance?

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Customer reply replied 4 months ago
As I stated earlier I was recently terminated I believe is based on my age and the medical conditions that I've experienced over last 6 months I visit a hospital 5 × 1 time 4 mile heart attack
Customer reply replied 4 months ago
In the contract they stated about the ADA FMLA an age discrimination act.I was taken out the building by an ambulance and taken to the hospital for a mild heart attack
Customer reply replied 4 months ago
Are you there
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Yes, I'm here. I waiting on a question. You have told me a number of facts about your circumstance, but I've seen no questions.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Also, I am not accepting phone calls right now, as noted in my first response.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

From what you've stated so far, if you believe that your age and FMLA use is the basis for your termination, you cannot accept this severance unless you are willing to give up any rights to sue for discrimination.

The severance mentions FMLA, ADA and age because it contains a waiver of your right to sue based on those things. So, you are in an "either/or" situation here. Either you accept the known figure in the severance offer or you turn it down to pursue a claim with the EEOC in your state.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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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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