A friend was just fired. She has three days to make this decision. Here are the rough details.
She requested an ADA accommodation (for a condition I’d rather not divulge). With this accommodation, she got all her work done and met all of her deadlines.
Three months after making the request, she was fired. I’m not sure what reason (if any) they gave her, but she thinks they couldn’t handle the ADA process and accommodation.
She was offered two weeks severance and a guarantee that they will only confirm employment (not make negative comments about her performance) if she signs away her rights to take any legal action against them. She has three days to decide and seven to rescind.
Company has more than 50 employees.
Personally, I’m not sure filing a lawsuit is the right approach, since the cost to hire a lawyer is probably prohibitive. Anyone disagree? Is there any reason not to sign the paperwork? Any leverage to use to get a larger severance? Will her decision affect her unemployment benefit claim? Is there a federal office that she could file a complaint without hiring a lawyer?
The ‘won’t say anything bad’ is worthless. They won’t anyway. Most employers will only confirm dates of employment and, if the person asking has a figure, the approx amount of salary.
If she receives two weeks severance, her unemployment may be delayed 2 weeks. Different states handle it in different ways.
If she was fired rather than laid off this can prevent her from collecting unemployment benefits. She needs to check that immediately. Did this come totally unexpected or did she have some idea that they were I satisfied with her work. Is it possible to prove that the accommodations are the reason for termination? Does she live in a state where employers can fire at will without cause?
She needs to speak with a lawyer immediately to assess the merit of her case. If she does it could take years. Without a reference can she find a job or support herself until the case is heard and hopefully gets a settlement?
Unfortunately the #%€$s usually win in situations like this.
I am not an employment lawyer. That being said, if I were here I would negotiate for more severance and a year of health insurance coverage (free of charge to her).
If she tries to fight it, the company’s lawyers will skewer her. You need a thick skin and a good advocate on your side. And don’t count on any of the other employees coming to her defense, as they will be trying to cover their own proverbial backsides.
Not a lawyer… I second what oldfort said! Negotiate! Employment discrmination is really hard to prove, but that said, I know someone who were able to negotiate a better package because they took some actions towards filing a lawsuit. Even if the friend files a lawsuit, the company will most likely be willing to negotiate a settlement quickly.
I have negotiated few packages for myself. I hint strongly that a lawsuit is not out of the question, but would prefer to work it out amicably. Let them know what it would take for your friend to go away quietly. I have found, as long as it is reasonable, most employers would rather pay a bit to avoid a lawsuit.
Just a note, a lump sum severance doesn’t need to be consider as wage, therefore her unemployment can start as soon as she is terminated. I would take a lump sum instead of payment over time.
If she has any un-vested stocks or benefits, have the company make them vested.
Extended cobra payments is also good.
Any employment related cause of action must first be filed with the EEOC. It will make a determination whether a suit can proceed.
Under the factual circumstances, most likely due to age, your friend’s employer has to include those “warnings” in the severance agreement. If she is serious, she really should consult with an employment attorney rather than letting the time run.
There are lawyers who will take these types of cases on a contingency basis. But be careful choosing one. Plaintiff’s lawyers can be helpful in evaluating a case because they may decline to take the case if there is nothing there.
No, I assumed that your friend is over 40. There are certain requirements that must be met when an employer negotiated a separation agreement with someone over 40. Caveat: I’m doing this off the top of my head and I am traveling.
AttorneyMother – thanks for replying while you are traveling.
She asked me if I could recommend an attorney, and I did contact a lawyer who is going to get back to me with names in her area. In fact, as I was typing this the text came through with a name that I just passed along. In addition to helping to find her a lawyer, I offered to post her situation here. And she’s not 40+.
