Thank you so much for explaining this. I felt as if I did have discrimination due to disability and gender identity, so being handed severance pay I did a bit of research. Heres the thing, its very hard to prove you are being discriminated against. Due to medical leave, this cause hardship on my company and because I spoke about my specific issue with my identity it was dealt with in a very bad way. Fact is, if you are a union member attorneys do not want to deal with you. Also, if the company has collected enough information to go against you, have witnesses and have not met their terms you can be terminated. Severance pay IS a choice of the employer, with me I think I had both 1. Give to me because I was in a hard situation and 2. Some legal action could have been made. With severance agreements, look into whether or not they listed neutral reference, this basically means they will not legally give any information about your case to future employers. I got x amount of severance pay, told my union rep and stated "We will drop all of our grievances if you give x more amount of severance pay". It worked.
I’m glad you had some union representation. Sounds like a rough process, but you came out better than many. I know it was at least 6 years ago, but I’m sorry to hear about your layoff. 😢
After years of very difficult work that led to the destruction of my marriage, they decided to fire me out of nowhere. No severance. Kids and I lost insurance that same day. They’re keeping my FSA funds (I maxed out). They did it after I submitted my yearly goals that they kept pushing me and my team to complete. I’m battling and fighting my way out of depression to continue providing for my kids but I’m scared for our future at the moment. Our lives have drastically changed over night.
same boat here. i did go to a private insurance facility in town to review my options for that. you always hear nightmares of health insurance costs being insane, but it's actually not too bad. and since your income is $0 right now, it might actually be cheaper than what you were paying at your employer. go take care of that.
Please if anyone is going through hardship at you're employment stick it out. 💞 Make notes of everything that is happening to you at you're workplace keep a journal write down dates and times. It will be worth it at the end. 💞
Absolutely! After my employer retaliated against me, and slightly before then, I started documenting everything for a full 6 days. Then they fired me. When I presented everything to my lawyer, he called me a “lawyer’s dream.” I just can’t wait until he serves them with a mega suit after my unemployment benefits hearing. He’s just waiting for that, and I’m sure I will win at the hearing.
Your videos are very helpful, thanks so much for doing it!!!🙏How much more should I get given that it’s a pandemic and my industry is pretty niche - US immigration (I.e. US inbound) law clerk
To me, severance is just another word for “bribe”. I rejected my company’s agreement as soon as I received it because I definitely had to sue them BIG.
Quick question, if they they won't contest unemployment, does it really matter. Most severance agreements are written saying I, the employee, resign. If they send this to the unemployment office, does it really matter? If you resign you cannot collect unemployment, right?
CNTOUS Mechanical engineering. I was a projekt engineer at Gea, I’m 31 years old and live in Denmark. The 30k in Usd is the total of 4 months salary +1 extra paid out together with the last paycheck
Wow that sounds like an pretty great offer. I was recently severed after 15 years and the policy is 1week pay for every 1 year, up to 10 years. For years after 10, the calculation is 1.5x weekly pay for every 1 year. You've only been there 3 years and offered far more than my company does. I'm also an engineer.
Whenever I have contacted lawyers about anything previously, it was impossible to get even a callback. I had receptionists even hang up on me. Uber was denying sick pay to everyone in Seattle and in my case I had been hospitalized with a severe asthma attack, taken by ambulance to the hospital. Uber said that sick pay claims had to be submitted PRIOR to taking sick days. Totally outrageous. No attorney would speak to me. I finally contacted the labor relations department of Seattle and they pursued it and got everyone paid, including me. That would have been a huge class action lawsuit and no attorney would speak to me. I’m being pressured now to transfer to a different out of state office that would require me to sell my home. So far it’s not going well. I think they might eventually lay me off or fire me. If that happens I want severance. Who do I contact?
My situation is peculiar. After I was fired I won unemployment, while receiving unemployment I had a workers comp claim going for an injury on the job. Workers comp settlement requires I sign a release and say it was a voluntary termination. I want to know if this is perjury against me for when I was in court with unemployment against my employer, and if i would have to pay unemployment back. In Minnesota.
If they are offering you a severance, it’s about risk mitigation. What and How much can you damage them. My Q: I know something that could cost my company an estimated $100M if exposed, is that worth a 10% ask?
I went through the exact same story two weeks ago. The manager lectured the reasons for firing me for 20mins. And most those reasons were not even related to performance. Stupid manager.
Thanks I have learned a lot from this video,the company want me to come mutual agreement, I havnt agree but they write the check termination, they terminate me but havnt to me about of servance,
The only person who can answer whether or not you should hire a lawyer would be you. If you don't feel the EEOC will do a good job on your behalf, then hire a lawyer from your jurisdiction. It also depends on how much $ is in controversy. If your claim is for a lot, and you have good liability, then you should be able to find a lawyer from your state. Best of luck!
I have just received a letter ... And a severance package offer will be discussed ** .... Just now today when I received it on this date ... I am extremely scared now
My company just got bought out, ( we are union) do I have any rights? We do 40-45 hour work 4-days a weekd and the other company is 5 days 14 hour days
I just lost my job and apparently they say I quit, well I walked out cause on how the manager talked to me. I told the one manager I wasn't coming back. I was just upset I need advice
It's been 3 months now. what happened? It sounds like your boss certainly interpreted it as quitting, but the law may not have based on the exact words you used at the time.
Quick question: My last day from work is November 12 but I just found a new job and I will be starting November 8. The overlapping is only four days I do not want to lose my severance package because of my new job. Since my last day is November 12 despite the fact I had worked 20 years how do I approach it to HR what is my legal right? I am entitled to it I earn it the last 20 years . Any suggestion would be appreciate it
I was never on a contract with any job I worked and people that get dismissed or layed off should be required to get ei for the situation as it is hard to find jobs now 2023
Yes sir my doughter get fired bec she went vacation but she did not come back right away but she her boss that she cannot come back on time and wen she come back my doughter she’s planning to go to school and she give a one week notice that she quit bec she go to school but she did not finish the one week wen she go to work for the third day she punch in and after one hours they send home that’s a wrong termination pls call us we need your help pls
I did sign a clause years ago when joining the company, I’m not sure if it’s non compete. They fired me and then told me I’m not eligible for severance because I was fired and not laid off.
@@Priva_C There are probably also stipulated in the contract under what conditions You are not eligible for severance when the contract ends. So worth checking if those conditions are met or not in Your case.
@@joeordinary209 What if the Corp did not provide me with an employee handbook that breaks all this down? I'm searching all my emails and found tons of documents from them but no pamphlet. Multi Billion dollar company, you'd expect a pamphlet lol
@@Priva_C Think they are obliged to show You the clause/details covering the details You are not eligible for severance. Might be they just test You out by saying no, but when asking questions....things might be different. Obviously pends on the reason You was fired
@@pirateg3ckonot me. Never again. I got the booster last September and have been fighting an allergic reaction called urticaria ever since. For a year! No more Covid shots for me.
@@ghostdog2041 that's fair if you're having allergies. Stick to what a doctor recommends. But you likely already know you're the outlier. Many snowflakes here never tried to get immunized and have no excuse.
Branighan, my company laid me off (employed 1 yr 7 mths) due to Covid and gave me 3 weeks severance and offered to pay health insurance COBRA for 3 months. I was great employee but not there very long. I don't need the health insurance bc I use my husband's. Can I leverage that in a negotiation? Basically say "bc I won't be taking COBRA health as part of your offer I would take the $6k in addition to my 3 weeks." So essentially instead of paying Insurance, they're paying me. Also what are your thoughts on asking for my discretionary pro rated bonus pay that I didn't get this year?
I quit due to continuous "depositions" with HR and my boss. Boss always fishing for issues with me from coworkers and embellishing, taking out of context, lawyer and gaining power. I then asked to rescind my resignation as there is a new manager coming and I was assured by coworker/friends she is very good. My request to cancel my resignation was denied. I put in a 2 week notice and asked to cancel it in less than 24 hours but it was denied. I always got good annual review, excellent peer review , good attendance, superior work knowledge and performance. I feel the harassment was too much to bear and if I got fired it would ruin my career so I quit with notice in writing.
What about when a company gives verbal promise of severance company wide and then weeks before implementation /company lay offs they change their minds? Then they ask those employees to stay or voluntarily quit and get no severance?
My wife job is being down sourced. Too cheaper labor from nurses too, nurses aids. After 41 years. Old hospital bought out by top 10 brand. Offering 24 weeks pay. What do you think?
@@icawn had too. Others got nothing. That held out. And if you quit, nothing also. She got to use up her 3 months accumulated sic time also to rehab both her knees.
@@braniganrobertsonlaw ok thanks for the reply last question and if it was a fellow employee that bought it for me ?I didn't go to the bottle store I asked a colleague to get it for me but I did meet him at my house which Is in my area of work.
Is there a rule of thumb to how many months of severance one might get to the number of years they worked for the company? As a top performer but being laid off due to company divestments.
Employer let go of a lot of tenured management a few days ago, was offered a severance or but down in role. Been there 13 years and currently on leave. What options do I have
They can if you're a critical part of the team. Let's say you deal with specific clients and they need time to move them to new contacts. Or maybe you're the only person who knows how to do something so they need to train somebody else up, etc.
Thank you so much for explaining this. I felt as if I did have discrimination due to disability and gender identity, so being handed severance pay I did a bit of research. Heres the thing, its very hard to prove you are being discriminated against. Due to medical leave, this cause hardship on my company and because I spoke about my specific issue with my identity it was dealt with in a very bad way. Fact is, if you are a union member attorneys do not want to deal with you. Also, if the company has collected enough information to go against you, have witnesses and have not met their terms you can be terminated. Severance pay IS a choice of the employer, with me I think I had both 1. Give to me because I was in a hard situation and 2. Some legal action could have been made. With severance agreements, look into whether or not they listed neutral reference, this basically means they will not legally give any information about your case to future employers. I got x amount of severance pay, told my union rep and stated "We will drop all of our grievances if you give x more amount of severance pay". It worked.
I’m glad you had some union representation.
Sounds like a rough process, but you came out better than many. I know it was at least 6 years ago, but I’m sorry to hear about your layoff. 😢
After years of very difficult work that led to the destruction of my marriage, they decided to fire me out of nowhere. No severance. Kids and I lost insurance that same day. They’re keeping my FSA funds (I maxed out). They did it after I submitted my yearly goals that they kept pushing me and my team to complete. I’m battling and fighting my way out of depression to continue providing for my kids but I’m scared for our future at the moment. Our lives have drastically changed over night.
same boat here. i did go to a private insurance facility in town to review my options for that. you always hear nightmares of health insurance costs being insane, but it's actually not too bad. and since your income is $0 right now, it might actually be cheaper than what you were paying at your employer. go take care of that.
Stay in the light neighbors‼️‼️👍🏽🌎🫶🏼😇
Any suggestions where to shop for private health insurance.
Honestly Ur explanations are so good and simple
. make's understanding very simple...very good teacher..no doubt
This is super helpful video. Lots valid points. Do you have any updated tips during Coronavirus period? Thank you.
Thank you for the insight. Would you have any examples of language I/we could use in a counter offer to a serverence package?
thank you so much for this wonderful information, yes thank you.
Please if anyone is going through hardship at you're employment stick it out. 💞 Make notes of everything that is happening to you at you're workplace keep a journal write down dates and times. It will be worth it at the end. 💞
And even routinely record all voice conversations, if it's legal in your state.
Absolutely! After my employer retaliated against me, and slightly before then, I started documenting everything for a full 6 days. Then they fired me. When I presented everything to my lawyer, he called me a “lawyer’s dream.” I just can’t wait until he serves them with a mega suit after my unemployment benefits hearing. He’s just waiting for that, and I’m sure I will win at the hearing.
Your videos are very helpful, thanks so much for doing it!!!🙏How much more should I get given that it’s a pandemic and my industry is pretty niche - US immigration (I.e. US inbound) law clerk
To me, severance is just another word for “bribe”. I rejected my company’s agreement as soon as I received it because I definitely had to sue them BIG.
How is that going? Well, I hope.🤞
Quick question, if they they won't contest unemployment, does it really matter. Most severance agreements are written saying I, the employee, resign. If they send this to the unemployment office, does it really matter? If you resign you cannot collect unemployment, right?
Mr. Robertson, can WARN be part of a severance pay out? My company offered 16 weeks of severance, but 8 weeks of that was the WARN pay out.
I was offered a 30k severance. I worked for 3 years in the company. I didn´t sue them
Alagathevictor that’s very nice package. Wonder what’s your industry and position is.
CNTOUS Mechanical engineering. I was a projekt engineer at Gea, I’m 31 years old and live in Denmark. The 30k in Usd is the total of 4 months salary +1 extra paid out together with the last paycheck
@@Alagathevictor Damn I should have been a Mechanical engineer.
@@AlagathevictorHow did you exit the company ? Termination, layoff or did you resign?
Wow that sounds like an pretty great offer. I was recently severed after 15 years and the policy is 1week pay for every 1 year, up to 10 years. For years after 10, the calculation is 1.5x weekly pay for every 1 year. You've only been there 3 years and offered far more than my company does. I'm also an engineer.
Whenever I have contacted lawyers about anything previously, it was impossible to get even a callback. I had receptionists even hang up on me. Uber was denying sick pay to everyone in Seattle and in my case I had been hospitalized with a severe asthma attack, taken by ambulance to the hospital. Uber said that sick pay claims had to be submitted PRIOR to taking sick days. Totally outrageous. No attorney would speak to me. I finally contacted the labor relations department of Seattle and they pursued it and got everyone paid, including me. That would have been a huge class action lawsuit and no attorney would speak to me.
I’m being pressured now to transfer to a different out of state office that would require me to sell my home. So far it’s not going well. I think they might eventually lay me off or fire me. If that happens I want severance. Who do I contact?
this company sounds really shitty. don't sell your house to move for them, they are not worth it. find another job.
My situation is peculiar. After I was fired I won unemployment, while receiving unemployment I had a workers comp claim going for an injury on the job. Workers comp settlement requires I sign a release and say it was a voluntary termination. I want to know if this is perjury against me for when I was in court with unemployment against my employer, and if i would have to pay unemployment back. In Minnesota.
"Spidey senses telling u" luv.it!
If they are offering you a severance, it’s about risk mitigation. What and How much can you damage them.
My Q: I know something that could cost my company an estimated $100M if exposed, is that worth a 10% ask?
Very helpful. Thank you for the information.
Extending your employment time for pension or maintaining your life insurance is also something you can ask for.
I would love to hire you for my case which was pure retaliation and discrimination
Awesome video Branigan, thanks for your advice!
I have a disability, announced it and then two weeks letter I get fired with a severance and told me it was my performance
I went through the exact same story two weeks ago. The manager lectured the reasons for firing me for 20mins. And most those reasons were not even related to performance. Stupid manager.
Very helpful..thank you.
Thanks I have learned a lot from this video,the company want me to come mutual agreement, I havnt agree but they write the check termination, they terminate me but havnt to me about of servance,
How does the California WARN act come into play?
Can you make a video for EEOC mediation and how to be successful ? Thanks
Interesting idea. Maybe!
Branigan Robertson I'm not sure if I should hire a attorney for a mediation at EEOC ??
The only person who can answer whether or not you should hire a lawyer would be you. If you don't feel the EEOC will do a good job on your behalf, then hire a lawyer from your jurisdiction. It also depends on how much $ is in controversy. If your claim is for a lot, and you have good liability, then you should be able to find a lawyer from your state. Best of luck!
@@braniganrobertsonlaw can I send you my story in a email...Pleeeease
I just got fired for a multitude of reasons under the guise of "didn't clean well enough"
I really need a appt where is your office I have a case need your service
I have just received a letter ... And a severance package offer will be discussed ** .... Just now today when I received it on this date ... I am extremely scared now
My company just got bought out, ( we are union) do I have any rights?
We do 40-45 hour work 4-days a weekd and the other company is 5 days 14 hour days
**Important** ADEA / Age Discrimination is only for companies that have over a certain number of employees (20 or 15).
Thank you good sir!
Indeed
I just lost my job and apparently they say I quit, well I walked out cause on how the manager talked to me. I told the one manager I wasn't coming back. I was just upset I need advice
It's been 3 months now. what happened? It sounds like your boss certainly interpreted it as quitting, but the law may not have based on the exact words you used at the time.
Quick question: My last day from work is November 12 but I just found a new job and I will be starting November 8. The overlapping is only four days I do not want to lose my severance package because of my new job. Since my last day is November 12 despite the fact I had worked 20 years how do I approach it to HR what is my legal right? I am entitled to it I earn it the last 20 years . Any suggestion would be appreciate it
Couldn't you start your new job 4 days later?
Just don't tell them and don't post it on social media.
I was never on a contract with any job I worked and people that get dismissed or layed off should be required to get ei for the situation as it is hard to find jobs now 2023
Also do you only take California cases ??
I only practice law in California, yes.
Excellent
Do you operate in NYC
I wish I watched this video before signed that release. 🤦🏻♂️
Live and learn, my friend.
Yes sir my doughter get fired bec she went vacation but she did not come back right away but she her boss that she cannot come back on time and wen she come back my doughter she’s planning to go to school and she give a one week notice that she quit bec she go to school but she did not finish the one week wen she go to work for the third day she punch in and after one hours they send home that’s a wrong termination pls call us we need your help pls
I need your help ASAP
Here trial I will have next 10 years.
Can your employer tell the employees not to speak to you after you are fired and offered severance?
No
If You sign a none competing clause, better have a matching severance clause covering You fully for the entire none competing period.
I did sign a clause years ago when joining the company, I’m not sure if it’s non compete. They fired me and then told me I’m not eligible for severance because I was fired and not laid off.
@@Priva_C There are probably also stipulated in the contract under what conditions You are not eligible for severance when the contract ends. So worth checking if those conditions are met or not in Your case.
@@joeordinary209 What if the Corp did not provide me with an employee handbook that breaks all this down? I'm searching all my emails and found tons of documents from them but no pamphlet. Multi Billion dollar company, you'd expect a pamphlet lol
@@Priva_C Think they are obliged to show You the clause/details covering the details You are not eligible for severance. Might be they just test You out by saying no, but when asking questions....things might be different. Obviously pends on the reason You was fired
anyone else here because they are being terminated from the vaccine mandates? Not sure if I should sue or write up a severance. Hmmm
I was today ya
You should get vaccinated lol
So the vaccine mandates were employing you?
@@pirateg3ckonot me. Never again. I got the booster last September and have been fighting an allergic reaction called urticaria ever since. For a year! No more Covid shots for me.
@@ghostdog2041 that's fair if you're having allergies. Stick to what a doctor recommends. But you likely already know you're the outlier. Many snowflakes here never tried to get immunized and have no excuse.
Can you afford $10,000,000.00 right now?
I was a great employee and they still laid me off after I reported retaliation.
That’s a lawsuit
Branighan, my company laid me off (employed 1 yr 7 mths) due to Covid and gave me 3 weeks severance and offered to pay health insurance COBRA for 3 months. I was great employee but not there very long. I don't need the health insurance bc I use my husband's. Can I leverage that in a negotiation? Basically say "bc I won't be taking COBRA health as part of your offer I would take the $6k in addition to my 3 weeks." So essentially instead of paying Insurance, they're paying me. Also what are your thoughts on asking for my discretionary pro rated bonus pay that I didn't get this year?
I quit due to continuous "depositions" with HR and my boss. Boss always fishing for issues with me from coworkers and embellishing, taking out of context, lawyer and gaining power. I then asked to rescind my resignation as there is a new manager coming and I was assured by coworker/friends she is very good. My request to cancel my resignation was denied. I put in a 2 week notice and asked to cancel it in less than 24 hours but it was denied. I always got good annual review, excellent peer review , good attendance, superior work knowledge and performance. I feel the harassment was too much to bear and if I got fired it would ruin my career so I quit with notice in writing.
I quit as well and was offered a serverance deal. Want to know if it should or shouldn’t
I'm hesitant to sign mine. I don't know if it's worth it in the long term.
Do you find that most companies are amenable to delaying the termination date?
doesn't matter its a good move anyway. there are so many reasons to delay it it is worth asking.
What about when a company gives verbal promise of severance company wide and then weeks before implementation /company lay offs they change their minds? Then they ask those employees to stay or voluntarily quit and get no severance?
Unfortunately, that is completely legal. Its totally unfair, but unless its a written contract, a company can retract a policy/promise like that.
@@braniganrobertsonlaw can they retract the written offer for severance if you ask fore more?
What if contract does not have a deadline date in it?
Deadline by an employer means nothing in Canada..
Very helpful thank you so much for your efforts
This was very helpful ...
Very helpful, thank you
My wife job is being down sourced. Too cheaper labor from nurses too, nurses aids. After 41 years. Old hospital bought out by top 10 brand.
Offering 24 weeks pay. What do you think?
My company offers 1 week for every 1 year. But after year 10, the calc is 1.5x pay per year. I don't believe there is any cap. Did she take it?
@@icawn had too. Others got nothing. That held out. And if you quit, nothing also. She got to use up her 3 months accumulated sic time also to rehab both her knees.
Sorry I know this is off topic but can I be fired for buying alcohol while on duty and dropping it off at home ?
Yep.
@@braniganrobertsonlaw ok thanks for the reply last question and if it was a fellow employee that bought it for me ?I didn't go to the bottle store I asked a colleague to get it for me but I did meet him at my house which Is in my area of work.
Very informative
Dang. JCal got put in “time out”. No, after school activities for you.
Is there a rule of thumb to how many months of severance one might get to the number of years they worked for the company? As a top performer but being laid off due to company divestments.
Employer let go of a lot of tenured management a few days ago, was offered a severance or but down in role. Been there 13 years and currently on leave. What options do I have
place i work is late on my pay, how can i get the back pay?
This should be a CLE.
Wish this guy was in Pa he’s good
Thank you so much. I wish I had this years ago.
Thanks Spider-Man!
I can't imagine any company delaying the termination date.
They can if you're a critical part of the team. Let's say you deal with specific clients and they need time to move them to new contacts. Or maybe you're the only person who knows how to do something so they need to train somebody else up, etc.
100%
I can't imagine any company delaying the termination date.
They do it all the time...with the big managers of course
Thank you for your videos
My rate just went up due to some very stupid and strange behaviors 😊