Asking for Severance in Exchange for Resignation.

17 Comments

1. AnonymousApril 15,2024 at 8:04PM UTC

   I'm sorry to hear this is happening to you! It's hard to say as I'm no legal advisor nor HR expert.

   Just sharing perspective as someone who has been the receiver + observer of microaggressions/ toxic work environment (off and on) majority of my career. It's "hard to prove" and HR textbook usually doesn't take a stance on these sorts of things, unfortunately. Should this have escalated to a legal case then *I think* you'd have more room to advocate for such ask but that's if your legal counsel believes you have a case in the first place.

   Asking for a 2 weeks pay per year worked is a hard ask; do you plan to retain a legal attorney? I strongly advise you seek outside counsel before taking that course of action on your own. The relationship between you and this organization has clearly soured so asking them to meet your request, could be challenging, especially, if they've already deemed your case closed on their end.

   Personally, I would say cut your losses and just exit at this point. I know it's not the ideal answer but if HR has felt they've done their part (review employee handbook and company policy), then there's really nothing else you can do on your own.

   Good luck to you!

2. AnonymousApril 15,2024 at 10:05PM UTC

   Depending on your evidence of legal claims, 2 weeks per year work is aggressive. You usually layout the legal claims and suggest a settle only when the claims are damaging enough to present an obvious argument of illegal acts.

   No one would agree to severance at such a lucrative rate otherwise.

3. Cindy GloverApril 15,2024 at 10:20PM UTC

   How much PTO so you have? Can you use that?

   Sorry you’re experiencing this - I know all too well how it feels

4. AnonymousApril 17,2024 at 12:43PM UTC

   Have you tried to transfer to another department? You have invested a lot of time at this company. Perhaps, there are other opportunities within that would allow you to escape from your manager and benefit your employer.

5. AnonymousApril 17,2024 at 1:11PM UTC

   The best way to get them to offer you severance is to lawyer up and threaten to sue the company. If they offer you severance you'll likely also have to sign an NDA.

6. AnonymousApril 17,2024 at 4:04PM UTC

   I'm not a legal expert either but there's a thing in the UK but is gaining traction in the US. It's called "Constructive Discharge".

   "Constructive Discharge" is when a worker's resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign. This often arises when an employer makes significant and severe changes in the terms and conditions of a worker's employment. What constitutes a constructive discharge is usually defined in state law and varies from state to state."

   You could traverse this yourself or if you want some legal advice you can post a project on UpCouncil (kind of like Fiverr or Upwork but for lawyers). Good luck.

7. AnonymousApril 18,2024 at 12:32PM UTC

   I’d speak to an employment attorney that has a good reputation. Without specific proof - and I believe that if you had this HR would be addressing it, you don’t have a case.

   If your plan is to count on this type of severance agreement I’d say you need a new plan.

   The only way a company, especially public pays out is if it is clearly less expensive than litigation. Again if you do t have a rock solid case that won’t happen.

   Make a plan, look for a new job and move on.

8. AnonymousApril 18,2024 at 1:04PM UTC

   I’m sorry you are dealing with this. I had a similar situation and it takes a major toll on your mental health.

   I actually had success and secured the package you are wanting (2 weeks severance per year of service) after dealing with a situation exactly like this. A couple of things to consider:

   1) Consult with an employment attorney. Most will do an initial consult for free. They will give you advice on how to word things, what to do, etc that can be extremely helpful.

   2) I’m guessing your company has an ethics line (way to report violations, commonly called a whistleblower line). Use it. File a report that your manager is creating a hostile workplace and limiting your opportunities. This creates a paper trail and escalates your issue. Be transparent but don’t complain and stick to the facts.

   3) Document everything. Every interaction you have with your manager keep notes recapping the conversation and send them a copy and blind copy your personal email.

   4) If your manager is abusive in any way (raising voice, insults, name calling), calmly tell them you will not stay in a conversation with that behavior and leave the conversation. Immediately. Then immediately send an email stating what happened in a non-emotional way (ie. “I have been clear that I will not stay in a conversation where you are raising your voice so I left the conversation” and copy your manager and HR.

   Unfortunately, my departure was not quick….it took years. If you need to get out quickly, start looking for opportunities now, you will feel better when you do.

   I wish you the best of luck!

9. Karen LApril 18,2024 at 1:08PM UTC

   I'm in HR. A company has no obligation to offer you that. Questions will arise over why you didn't discuss the things you didn't like earlier. You did not give the company an opportunity to address the issues as that came up. That affects the individual's credibility. Its like waiting to report a crime just as an example.

   Your company may offer severance in exchange for an agreement not to sue but if you don't have a case, they may just tell you they'll accept your resignation if yiu want to leave. Best option is to talk to HR to see how they can address issues. If its not policy, legal violations or unethical behavior and just people doing things that are not nice, you should just resign.

   Severance is paid to avoid a lawsuit. If you have a case, present evidence. If no case, then recognize it is not a good company and resign. I know there's a little gray but i think deep down , we know when people at companies are just jerks or if they are truly breaking laws. There's no law against poor leadership. I don't condone but it is a part of life.

10. AnonymousApril 18,2024 at 4:48PM UTC

    I would advise that you file a formal complaint with the EEOC and FEHA, the company is then required to do an investigation.

    Find an attorney that would help you with a letter to the company that asks for severance in exchange for not suing them for hostile workplace. Your letter should reference that and also reference that the company has done nothing to protect you from that manager. Make sure their legal department is cc'ed in there. Let them know that you are willing to leave the company with a package and a mutual non-disparagement clause that also limits them or their employees from giving any new prospective employer of your anything but name and dates of employment when calling or emailing. Be sure it also includes that the will not share regretted or non-regretted. In other words how you left. If you can do this you may get 1-2 weeks for each year you worked there. I sounds like you have good documentation, make sure you cc yourself or print the things you have as evidence of what he has been doing. Also as a final measure check your employee handbook and re-review (with attorney) the section on sexual harassment and whistleblowing, I assume you will have these being from a larger company. Your complaints may fit under that umbrella which is wide and covers a lot of ground. Clearly you don't want to sue as that would take years and money and be very emotionally draining perhaps even more so than continuing to work there, but do look at the wording as it may mean the company MUST comply with what you have signed there.

11. AnonymousApril 19,2024 at 1:30PM UTC

    This is the way!

12. AnonymousApril 18,2024 at 9:21PM UTC

    I'm sorry to hear those are the conditions you have to work in! I went through something similar about a year ago. I needed to leave because I was not being treated the way I felt I should have been treated. In my case, there was some age discrimination. Luckily, I have a sister who is an employment lawyer. She had her partner work on a letter for me which asked for severance for my resignation. But that is the route you should go, you need to get a lawyer. It would be hard to do something like that on your own. It would be more effective with a lawyer and all their legal language. Good luck!

13. Jessica FerlandApril 19,2024 at 1:57PM UTC

    I'm so sorry this is happening to you. All the advice recommending checking in with an employment attorney seems spot on. It sounds like you have documented your issues, which is smart. (Make sure you have access to those outside of your work email.

    I was in a similar situation and was able to get my HR rep to state in writing that they would not contest unemployment. That may be more realistic than the severance (or maybe not). Just something to consider.

14. Arielle VelaApril 19,2024 at 4:07PM UTC

    I would get the EEOC involved if available in your state. They will go in and investigate and interview all and also used your receipts to take action.

15. AnonymousApril 19,2024 at 7:38PM UTC

    I did not have a favorable outcome in a similar situation, unfortunately. I was refused any severance (despite a similarly long tenure with the organization) and was instead offered 6 months of continued insurance coverage, with the premiums at the company's expense for that period of time. They were uncooperative with the unemployment process, but ultimately I prevailed there. It just took much longer and involved way more headaches than it should have. Chances are if your boss and HR are behaving this way now, they will not make matters easy for you in terms of resigning and getting severance.

16. AnonymousApril 19,2024 at 8:28PM UTC

    Hello. I would caution accepting anything that is not in writing from them....Good Luck.

17. Renée Tessier NunleyApril 22,2024 at 1:10PM UTC

    I would fine another job while employed, then quit with two weeks. It’s rough out here.