Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
As an employer, if I offered you a reasonable and fair severance package and you came calling with an attorney ask for more, what you will walk away with is:
1. NO severance package.
2: A bill from your attorney for nothing.
3. Copy of the state's employee guide to unemployment benefits.
And I won't even validate your parking!!!!
Get real here; the severance package is a good one; this is just greed!
To answer the question about why I was let go - long story short, it was due to performance issues. I suffer from severe seasonal depression which is one of the reasons I moved from NY to TN. I thought being farther south would help - it didn't. SAD hit me pretty hard this year and it affected my work. My new internist switched my meds and things got a lot better this spring. But it was too little too late and the damage had been done. I think they felt bad about letting me go, my boss had tears in his eyes and the HR person was visibly shaking. I'm not the type to rock the boat or make a huge stink about things but I started wondering if I had something here when my therapist brought it up which is why I asked. I'm impressed with all the responses I've gotten so far and really appreciate every one, even if it might not be what I want to hear. I'm leaning towards asking myself for the severance adjustment and seeing what they say. Friends are telling me an attorney would be expensive.
Then you are disabled. And you have medical records to prove it. Call a labor attorney. Just ask them what they would cost. These guys (your employer) are hoping you won't file for workers comp or disability, where they would have to work with you to keep your job and offer modified work, etc. They're hoping you just sign that severance agreement and go away. I think you have a case. But, it won't cost you anything to just consult a labor attorney.
Here's a reference for some employment attorneys in TN:
Kinda hard to explain. But I don't think being a good worker solely depends on how fast or slow you are, there's more to it than that. I feel so much better now so it's hard to even bring myself back to those bad months. Even I'm kind of at a loss as to why I couldn't get things done. I was in a haze. I don't think they were wrong to let me go necessarily. I'm just asking the questions fully realizing that the answers may or may not be what I want to hear. Friend who works in HR is telling me not to get an attorney involved and do any negotiating myself.
Kinda hard to explain. But I don't think being a good worker solely depends on how fast or slow you are, there's more to it than that. I feel so much better now so it's hard to even bring myself back to those bad months. Even I'm kind of at a loss as to why I couldn't get things done. I was in a haze. I don't think they were wrong to let me go necessarily. I'm just asking the questions fully realizing that the answers may or may not be what I want to hear. Friend who works in HR is telling me not to get an attorney involved and do any negotiating myself.
Even in countries with stronger protections for employees, someone who can't fulfill a job's responsibilities will eventually be let go whether they are disabled or not. I've seen it.
Even in countries with stronger protections for employees, someone who can't fulfill a job's responsibilities will eventually be let go whether they are disabled or not. I've seen it.
That's the law as well.
You cannot hold an employer hostage just because you have a disability.
You still must be able to perform those tasks that are essential to the job, with or without reasonable accommodation.
I still do not understand what there is to negotiate?
However my severance was based entirely on my current, lower salary.
Severance pay is always based on your current salary. Usually the employee is at the highest pay they have gotten from the company, so their severance pay is not based on pay they got before the latest raises. The same when you have taken a reduction at your request, so there would never be expected to pay severance on wage rates in New York.
What is the point of getting an attorney to try to negotiate a better severance package when you were unable to do your job. It is just going to cost you money.
I'm not saying I have a disability or that I shouldn't have been let go. I was asking a question I didn't know the answer to, hoping that someone with more knowledge on the subject than me would be able to answer it.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
