Can I ask a question regarding a potential lawsuit case? Houston Texas. Recently terminated and according to my boss due

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Customer: Can I ask a question regarding a potential lawsuit case?
JA: The Employment Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: Houston Texas
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Recently terminated and according to my boss due to job performance. Background—> I submitted for reasonable accommodation last year after FMLA and was transferred to a new department. During this time, the company was bought out. My boss was complaining that my turn around on submitting work was poor but, I reasoned her that I take on complex cases and take time. It also, takes me time because I cannot be on the computer for a long time. I am also, under the care a neurologist. I experienced silent firing and I could tell that some tasks were managed by her or others. I was also micromanaged and told by boss repeatedly “I don’t think, this job is for you… this is a fast paced department” burst out in a project meeting “you disappoint me” and on another occasion states “you are the highest paid here and I expect you to do more”…I supported many of her initiatives including changing team members transition to hybrid role. Now they are hiring 2 employees and terminated me. I was offered a severance package since I am a tenured employee but also added a non-compete clause for 1 year with a competitir Customer: Chat is completed
Answered by Attorney John in 11 mins 5 months ago
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Attorney John
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Customer
I wanted to know if there is a potential lawsuit here or can I negotiate a larger severance pay.
Customer
I was only provided 2 months of severance pay.
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Attorney John, Expert

Hello – my name is ***** ***** I am an attorney with over ten years in private practice. My goal is to provide you with excellent service. If you have any further questions, don't hesitate to ask!

You might have a potential claim in the sense that you were terminated on the basis of a medical condition/disability without a reasonable accommodation being attempted or offered.  You cannot file a lawsuit immediately - employment discrimination claims must first be filed with the Equal Employment Opportunity Commission and go through that process.

Having said that, you can use the threat of making a claim to negotiate a larger severance pay and the elimination of the non-compete (in short, you can tell them that if your terms are not met, you will be filing a wrongful termination claim with the EEOC).

Customer
Hi John, Thank you for your quick response. Would having an attorney be best to help negotiate the severance? If so, how much would I be charged?
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Attorney John, Expert

You can (although I wouldn't consider it strictly necessary).

I cannot speak for what a particular attorney would charge you.

Customer
My reasonable for accommodation was dated last year and looking at it appears that my physician was not thoroughly specific and my employer didn’t ask for a reevaluation of the accommodation. I also, didn’t think to ask since I was going every 3-4 months to see my doctors. I wanted to make sure that this is enough leverage to start a conversation on severance negotiation
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Attorney John, Expert

Yes, it's enough.

Customer
The deadline to sign the severance is early next week. HR may not get my message regarding negotiation till next week. If I don’t sign the severance, will I totally miss out on this?
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Attorney John, Expert

A severance offer can be withdrawn after the deadline to respond.

Customer
To clarify-> my employer can withdraw the offer after the deadline. But if I attempt to negotiate on the last day, can they still withdraw the offer?
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Attorney John, Expert

If you make a demand in response to their offer, that is a rejection of their offer.

Customer
I feel so intimidated by HR and not knowing the potential outcome. If I rejected the offer, can they decide not to make an offer at all?
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Attorney John, Expert

Yes.

Customer
This is a tough decision.
Customer
Thank you John… I have to think about this carefully.
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Attorney John, Expert

You are welcome.

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