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I have a severance agreement that needs to be review with an…

I have a severance...

I have a severance agreement that needs to be review with an attorney.

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

I was given the severance agreement because my employment was terminated. I don't understand the conditions and I think that are not beneficial to me.

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

At will

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

Yes, I feel that I was terminated because I complaint about not getting an increase when everyone in my team Males received one and also because I complaint to corporate about the harassment that I was suffering my my boss that's when I got terminated. I was told that it was my performance of which I was not never made aware of it. I was the only female minority in the leadership team and was treated different not to mentioned harassed I was also retaliated against because I spoke up regarding my increase.

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Answered in 3 minutes by:
6/1/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,844
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

We can review it for you if you like.

Do you have evidence it is your age/race/sex/disability/national origin is the sole reason for the decision and different treatment?

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Customer reply replied 2 months ago
I do. if you look at the severance agreement they talked about it. I got sick got approved for STD under the company's plan. I was given a choice to voluntary resign or be terminated. My peers are all caucasian and males.

Thank you for your reply.

I do not see the severance agreement.

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Customer reply replied 2 months ago
It says that I have been paid all PTO that is not true. I told them I should get 80 and 31 hrs but they are not paying out until I sign.

Thank you for your reply.

Okay. First, please lets not jump ahead on things, we will discuss pay and what they have to pay out along the way as we discuss the severance and your options. Second, you need to upload the severance agreement.

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Customer reply replied 2 months ago
I did already.

No, it is not showing up, it must not have uploaded. Sorry for the issue you are having with that but please try again.

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Customer reply replied 2 months ago
here you go.
Customer reply replied 2 months ago
Did you get it?

Yes, thank you, ***** ***** now

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Customer reply replied 2 months ago
would it be best if I call you? please advise

Thank you for your reply.

First off, they are offering you 12 weeks of severance pay, which is not insignificant. However, in addition to the 12 week severance they have to pay you all wages due for the time you worked and under IL law that includes any unused vacation time. So that is starting point for negotiating with them.

This separation agreement from clause 2 down is a standard boilerplate agreement which says they are paying you 12 weeks in exchange for you giving up the right to sue them.

Typical severance is 2-3 weeks per year of employment, so you have some gauge to base this against.

The employer controls a severance offer. That means the employee has some negotiating room, just not a ton of room. It depends on the evidence you have regarding the discrimination and how much time you want to spend litigating (and if you can pay the legal fees to start, since most employment attorneys want at least $5000 to start a discrimination case). Discrimination suits can take 2-3 years or more, depending on how much the employer chooses to fight and the strength of your evidence (we cannot comment on the strength of evidence on this site, as we cannot evaluate it properly here).

If they are offering 12 weeks at this point, they are likely willing to negotiate up to 24 weeks to avoid litigation and avoid you making a EEOC complaint. So you can push them a bit and make a counter offer, but if you push too much, they could simply withdraw the offer an let you sue.

They will not pay anything until you decide to accept the offer or not AND until the 7 day time for you to rescind your approval passes.

So, these are the things to consider for you and you can ask any follow up questions you may have and I am glad to answer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,844
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 2 months ago
They have emailed me a vacation payout of which the agreement does not state
Customer reply replied 2 months ago
Should I trust them and just signed as stated in the acknowledgement that they have paid me all PtO. Please advise

Thank you for your reply.

If those numbers add up, then can accept that. The worksheet indicates 12 weeks pay and how much they owe in benefits. So if that adds up to you, then you need to sign before they will pay and you have to wait 7 days after you sign to get paid, because that is the rescission period.

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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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