Legal Question in Employment Law in California
Waiver (bribe) in exchange for Severance (not enough) - How do I negotiate it?
I don't want 2 sue anyone,I just want my ex-employer 2 think twice b4 treating other/future employees this way.I was terminated 4 days aftr returning from wrk-induced stress disability leave.
They r offering me a severance pkg in exch 4 signing a waiver of claims. They have never offered anyone anything so I know they r worried. I was abused so severely by my manager that I had 2 start seeing a psychologist, a psychiatrist & taking meds. Question:how do I negotiate the Severance Agrment?I want a lot more than what they�re offering.They don't realize I have documented everything-a stupid habit of mine that might finally come in handy. i.e.I have copies of my emails asking to have my work hours adjusted by just an hour 2 help alleviate the stress of working with this manager w/out her continuous harassment, and getting off an hour earlier to attend relaxation or yoga classes recommended by my dr.
Now I have to avoid stress so I want to avoid any sort of ''action'' against the Empl. BUT I think they need 2 provide MUCH more severance,health ins.benefits etc in exch 4 me to waive all claims.They have put my health at risk & now I have to face this financial situation as well. Thanks!
4 Answers from Attorneys
Re: Waiver (bribe) in exchange for Severance (not enough) - How do I negotiate i
You can attempt negotiation on your own, and tell them you are contemplating filing a lawsuit, and they might offer you more money. Or you could hire an attorney to send them a demand letter, where the violations of law are listed -- and negotiate a hire amount of money that way.
Re: Waiver (bribe) in exchange for Severance (not enough) - How do I negotiate i
You need to have attorney evaluate all facts, info to properly know your rights, etc.
Re: Waiver (bribe) in exchange for Severance (not enough) - How do I negotiate i
You can negotiate if you want, but unless you take action [you say you don't want to], they will not take you seriously or likely offer you any more. You should talk to an attorney to see IF you have more than a WCAB stress case.
Re: Waiver (bribe) in exchange for Severance (not enough) - How do I negotiate i
It sounds like you might have not only a worker's compensation claim, but a Labor Code section 132a claim for retaliation (the termination). You might also have a claim for medical condition and/or disability discrimination. You should make an appointment with an attorney immediately to begin with, to sort out all of the facts and timetable. Good luck to you!
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