I was just terminated "without cause" after 7 years. (Yes, it's allowed in an "at will" state.) I was given a 3 month severance. I'm considering contacting an employment attorney but am wondering if it's worth it.

81 Comments

1. AnonymousFebruary 6,2025 at 3:56PM UTC

   Absolutely and your former company did nothing wrong. Your stay at the company had run its course. Nothing says that you get a job and they must keep you indefinitely. The company evolved and things change, people change and culture changes. It's natural.

   It's no one's fault. You just served your purpose. They were not obligated to provide you the severance but they did. Be grateful.

2. AnonymousFebruary 6,2025 at 4:22PM UTC

   Likely your termination was in the works for a while. I mean, you even said you had a feeling it was coming. My advice? take the severance, start networking, start looking. If anything, if you haven't already signed your agreement, ask for a COBRA subsidy (assuming you were on your company's health insurance). If you haven't done any sort of job search at all in the last 7 years are they providing any sort of outplacement services? Things have changed a lot during this time as far as job searching goes and you are going to need all the help you can get.

   Lastly, never ask if you job is in danger. You're not likely to get the truth.

3. AnonymousFebruary 6,2025 at 4:23PM UTC

   Also, one more thing - I'm in HR, unfortunately I've been on the other side of RIFs, job eliminations, terms for performance, etc. too many times. I always advise people to have their severance agreements reviewed before signing anything.

4. Communication CoachFebruary 6,2025 at 4:23PM UTC

   If you find an employment attorney that will give you a free consultation, it would be good just to run the details by them, but, in a "Right-to-Work" state it leaves the employee at the mercy of the company.

   Please don't waste too much energy on the unfairness (difficult, I understand) after giving a employer seven years. Go to networking groups and find a new place to work! Positive energy sent your way!

5. Vanessa LontocFebruary 6,2025 at 4:53PM UTC

   I can relate. I was let go while I was working from home after knee surgery, and I know how unsettling that experience can be. It's tough enough to deal with a job loss, but the timing and the circumstances make it even more difficult.

   I wouldn't sign anything immediately if they give something. Since you inquired about FMLA just before your termination, it's a good idea to consult with an employment lawyer. They can help you understand your rights and options, and potentially negotiate a better severance package.

   Even if you're not pursuing legal action, having an attorney review the situation can provide you with valuable insights and peace of mind.

   Remember to take care of yourself during this time. This is a tough situation, and it's important to prioritize your well-being. I hope this helps.

6. AnonymousFebruary 6,2025 at 5:55PM UTC

   So sorry you are going through this, but as I like to "shoot from the hip", I'm going to be upfront with you. Now, don't shoot the messenger, but there is always a cause. There are breakups in every facet of life from relationships of all types. Your relationship with that company got soured, somewhere along the way. You mentioned 2 key things, you knew it was coming and you didn't see eye to eye with your new boss. The question is where do you go from here. Take the severance, ask HR for extension of your benefits (i.e. insurance) for the exact same, 3 months. Typically upon termination, your insurance, I hope is good for at least 30 days. But ask HR these questions. Hi, HR Director, your company has terminated my employment with a 3 month severance. Does this also include insurance, if not, what steps do you need from me to request it? Then get an employment attorney as another poster mentioned even for a free consult to see if any of your circumstances are worth suing the company. Do you have any written documentation of any conversations, feedback, corrections, anything at all, take it to the attorney. No matter how crappy the end was for you, you are a shining star and will shine on somewhere. Work through the grief the best you can, do a lot of self care, and get that resume of yours spruced up. Get employed as fast as you can so you can pocket that severance. Just remember people who get fired get hired. I'm an example of it and I've hired many who have.

7. AnonymousFebruary 6,2025 at 5:57PM UTC

   There's no set way of exiting anyone from the business. It doesn't take a PIP to do so. Now, I'm not a jerk, I get it, I would reflect and see and honestly look at how the relationship improved and didn't, could you have handled things differently, and what you have in writing on expectations. I think it was a gift to get 3 months, this often lends itself that it was a business decision and not a leader decision, meaning they were doing some people management and consolidation as you mentioned. The restructure from the top typically goes to the bottom.

8. AnonymousFebruary 8,2025 at 2:12PM UTC

   The timing also seems coincidental. They had likely been planning the reduction long before the FMLA discussion.

9. AnonymousFebruary 7,2025 at 1:29PM UTC

   They gave you severance. Sounds like it’s a position elimination / layoff not a firing There is really nothing you can do about it. And not worth the effort to contact an attorney.

   look for a new job but if you don’t have one after your severance runs out then go on unemployment

10. AnonymousFebruary 7,2025 at 1:31PM UTC

    3 months severance for 7 years is about 2 weeks for every year of service. That is pretty good. They should also allow you to collect unemployment since it is without cause.

    Unfortunately, the word reorganiziation allows for headcount to be moved or reduced. It could be that you and your boss don't see eye to eye, but re-orgs happen, reductions in work force happen - I really don't see FMLA being the issue. I would consult with an attorney to make sure your package offer isn't to your determent. That is standard practice. You will need to do that sooner than later. Depending on your age and the number of people let go at the same time, there are rules about how long you have to sign the agreement. Don't miss that deadline.

11. GirlBossanova934974February 7,2025 at 3:05PM UTC

    AH HA! Welcome to the FMLA termination racket for 2025. This trick is now being used more and more by unscrupulous employers to get rid of anyone who inquires about using FMLA. My take? If you have a WRITTEN RECORD of your discussions with HR concerning FMLA, please turn them over to the first employment lawyer. Emails etc are fair game. COLLECT all your performance reviews etc......Get the company's HR manual. All goes to the employment lawyer. DO NOT SIGN any separation agreements until you have done same.

12. Balanced372207February 9,2025 at 6:36PM UTC

    Yes . Excellent advice.

13. AnonymousFebruary 7,2025 at 3:49PM UTC

    It's worth getting a consult with an employment attorney. The majority will do that for free. If you have evidence of your FMLA conversation and what you and your boss didn't see eye to eye on, that will be critical. Was your dismissal due to retaliation because of those disagreements? As of today, letting someone go due to an FMLA request is still illegal. It's worth knowing what your rights are.

14. AnonymousFebruary 7,2025 at 4:46PM UTC

    I think you should contact an attorney. If you formally applied for FMLA (not just asked about it), you have a great shot at a retaliation case. In the meantime, apply for UI. Since it was without cause, you should qualify in most states. (You may have to wait for payments until after your severance runs out.) I would also check out either Medicaid or the healthcare marketplace rather than taking COBRA. COBRA payments can be two to three times what you get on the Marketplace, and depending on your severance/UI payments, you may qualify for Medicaid.

15. AnonymousFebruary 7,2025 at 6:15PM UTC

    Restructuring takes time and layoffs are planned at least 2 or more months in advance, the decisions don't just happen at the last minute even though the communication seems like it. And the date is typically known in advance as well to all those involved in the planning (but not the affected employees). So it's probably unlikely that it was related to your FMLA inquiry but just coincidental timing unfortunately.

16. misskelleypFebruary 7,2025 at 6:33PM UTC

    Honestly, three months' of severance is pretty good. Apply for unemployment right away, put all your ducks in a row and start your job search. It's a rough market out there, so keep your chin up. Many companies would give less severance, so I guess you're lucky in that...

17. BethFebruary 8,2025 at 2:33PM UTC

    Can you apply for unemployment immediately even if receiving severance that is spread out?

18. misskelleypFebruary 8,2025 at 6:00PM UTC

    You can and should apply immediately, then the Unemployment office will ask about your severance, and they will decide how and when to pay your unemployment. Good luck.

19. AnonymousFebruary 8,2025 at 1:15PM UTC

    Yes I was in an identical situation six years ago. I am a medical professional.Had had been with the organization for about five years , with stellar reviews annually. The hospital system had restructured and we all knew that we were struggling... At the same time, I had the worst manager in the world. She was incredibly dishonest and and simply did not like me. My new manager came into my work-life.About ten months before I was terminated. I also Live and work in and at will stat e, So I was really powerless to do anything. I was offered five weeks pay as severance but in return I had to sign a no disparagement Document, And I had to sign paperwork stating that I would never testify against the hospital system in a court of law. This I could not do, Because I was aware of fraudulent activities and felt a responsibility to my patients... So I refused to sign the document but in return I was not given my severance. I did consult an attorney because I was concerned that there was age discrimination.But there was not enough information to prove anything. In the end, I ended up with nothing except my integrity. It is very hard to prove anything in an at will state and you will waste your money trying... One of my. Peers, similar role, lost her position 6 mos later.

    , And I did recommend that she consult an employment attorney. ...For a modest fee, That attorney looked everything over and was able to negotiate a little better severance for her than what they originally offered. And the attorney was able to negotiate that she not sign any non.Disparagement contract... So she came out better than me at the end. There is nothing you can do about your job loss at this point and no sense trying to prove something in an at will state. I learned this lesson the hard way because I was very naive. I spent $5000 in legal fees.And got nothing.And so I am sharing my story in hope of making things easier for you. I wish you all the best

20. AnonymousFebruary 8,2025 at 1:37PM UTC

    good for you keeping your integrity.

21. AnonymousFebruary 8,2025 at 1:28PM UTC

    I think it would be a costly uphill battle that is hard to prove. It could be a coincidence. All the company would have to prove is documentation that the decision to let you go was determined before Friday which is possible especially since there was a restructure.

22. AnonymousFebruary 8,2025 at 1:32PM UTC

    At the very least try to negotiate your severance. Most employers will go up a little to get you to sign the release.

23. Celena BartonFebruary 8,2025 at 1:34PM UTC

    Unfortunately, it’s an at will state and they can claim restructuring. Plus, you said you saw this coming so your manager could also claim you were “difficult” if you don’t see eye to eye. You don’t have a case here.

24. Brenda WalkenhorstFebruary 8,2025 at 2:56PM UTC

    I agree. Walk away. Use the 3 months to look for another position. This happened to me. When a company shows that they don’t want you-leave. You will always be looking over your shoulder if you stay. In the long run you will be better off. Realize that HR is NEVER your friend or ally.

25. Balanced372207February 9,2025 at 6:33PM UTC

    Your last sentence is true.

26. Balanced372207February 9,2025 at 6:32PM UTC

    if you are not an attorney who has met with this person, you cannot say whether a legal action exists or not.

27. AnonymousFebruary 8,2025 at 1:40PM UTC

    Yes you should look into using an attorney to negotiate your severance. Also, an option, go to LinkedIn and search Dan Goodman. He isn’t an attorney but it’s what he does. I used an attorney and live in an “at will” state. They offered three months severance, which is far less after taxes. I ended up with over a year’s compensation, company paid medical, dental, etc and a few other things. And yes, it was worth using an attorney.

28. AnonymousFebruary 8,2025 at 1:54PM UTC

    Yes, I would contact a lawyer only to get a larger severance. If you have copies of your positives reviews and any the communication around FLMA I would share all of that with the lawyer.

29. AnonymousFebruary 8,2025 at 2:07PM UTC

    This is nearly impossible to prove. To do a large layoff, employees are identified through a process and it happens weeks prior to actual termination. It is very easy to disprove that you were selected for the reasons you are assuming by showing an email chain or data that shows when the list was finalized vs when you disclosed any information you think may have prejudiced the company. It’s also possible the people who selected your name/role never saw your questions, issues etc. I would say to save yourself the lawyer fee and try to ask the company for more severance but it’s unlikely.

30. ArleenFebruary 8,2025 at 2:24PM UTC

    Consider yourself blessed with a 3 months severance. My company had major budget cuts and a group of us were laid off effective immediately with 1 week severance.

31. Dr Betty SeltzerFebruary 8,2025 at 2:56PM UTC

    In an "at will state" an employer can legally dimiss & terminate an employee simply for services no longer needed or for any reason. There is no mention of any illegal actions or firing made by the employer. My advice to the employee is to start applying for other positions or think about your gifts and develop your own business to become your own boss. Best wishes!

32. AnonymousFebruary 8,2025 at 2:56PM UTC

    If u signed for the severance u just waived ur right to challenge the termination unless u have some cold hard evidence. Also check with EEOC but depending on where I are u may have conservative judges in which case no it's not worth it.

    If u haven't signed the paperwork really my view is the same BUT u could try to negotiate for more than 3 months. If they're really in the wrong then they'll b open to it to get u to waive ur right to sue.

33. AnonymousFebruary 8,2025 at 2:59PM UTC

    This is exactly what happened to me in December. Unfortunately when you sign for a severance package, you waive your rights to sue the company. Consider it a blessing you got 3 months.

34. AnonymousFebruary 8,2025 at 3:42PM UTC

    Amen. I got 2 months severance when I was laid off in October 2024. I was with my previous employer for almost 5 years.

35. Linda BlackmoreFebruary 8,2025 at 3:06PM UTC

    And if you are going to go to the EEOC, do it soon as there's already been some mucking around with it by the current administration.

36. maria roseFebruary 8,2025 at 3:10PM UTC

    There was definitely restructuring done at your company which occurs in many other workplace environments as a means of reducing costs and trying to keep the company competitive and profitable. That has absolutely nothing whatsoever ( sorry redundant) with employees expecting to be “guaranteed” continued employment when this occurs. This same applies no matter how long one has been employed—just hired or many years—one is merely a number in cost ( your paycheck) . You may have felt valued and paid a somewhat fair wage but that is not what the company sees when it evaluates layoffs—all they see is the numbers.

    You can mentally claim that you were picked to be fired because of whatever reason you’re mentioned but you also stated you are in an—at-will state, and you clearly know that means that your employer can fire you at-will . That also means that you can’t blame or try to find out the why, especially since you were given a severance package which included benefits of being paid and you can apply for unemployment benefits too . The only hardship you face is finding another job before you become financially in need. That should be your priority and in that search make sure it will suit your needs of adjusting your schedule to be flexible enough so your personal schedule is not affected. I am assuming that you were looking into using FMLA as a means to adjust your schedule because of undisclosed circumstances. You now also have the time to fully understand what it means to take FLMA . It is not a guarantee of paid time but it allows you to to take time off work and not lose your work position for a given time period and allows you to arrange/adjust your schedule if needed to do this. It allows you to work but does guarantee that your job position and schedule adjustments will be your choice alone but what your employer can accommodate. So please research how FLMA is used in your state as it is different in every field of work. I am sorry that you were laid off from a job that you had for 7 years and no one enjoys being fired but it happens. Look at it positively as a way to find a better way to work and have a better personal life blend.

37. RobinFebruary 8,2025 at 4:02PM UTC

    Be sure to apply for unemployment benefits. I had an employer fight my unemployment claim because they gave me a severance. The judge admonished them (for the reasons for the firing) and allowed me unemployment back to the date I applied. He said the severance was to keep me from suing them and said it was unfortunate because they blatantly broke the law.

38. Deanne RasmussenFebruary 8,2025 at 3:30PM UTC

    at least you got 3 months severance - my company just did layoffs because they had high expectations for the year and didn't reach THEIR goals - I was told 'it isn't personal' but here I am looking. I seriously doubt any attorney will help you do anything except drain your bank account

39. AnonymousFebruary 8,2025 at 3:40PM UTC

    Exactly! At least severance was offered.

40. AnonymousFebruary 8,2025 at 3:44PM UTC

    I’m not an attorney but it certainly seems like your request for FMLA is what triggered the layoff, which is illegal and I would definitely contact an attorney.

41. Grace AdatoFebruary 8,2025 at 3:56PM UTC

    I would most definitely get a consuly at minimum with attorney

42. Brandi LodingFebruary 8,2025 at 4:07PM UTC

    If you signed for your severance, you've waived your right to sue. You're in an at will state so you likely wouldn't win anyway, especially if anyone else was let go around the same time. They'll just claim cutbacks. But honestly they don't have to claim anything.

    If you haven't signed your severance, you can try to negotiate but be aware that they could just take back the offer of severance altogether and still let you go.

    Be thankful for 3 months of pay while you're search for a new job. I was only given 30 days severance when my company let us go due to cutbacks.

43. Jodie JohnsonFebruary 8,2025 at 4:41PM UTC

    Happens all the time here in NY

44. AnonymousFebruary 8,2025 at 5:21PM UTC

    Unless you have a ton of documentation the likelihood of your pointing toward retaliation is slim. You could consult an attorney and find one that will take your case if they even deem it worthy and they can get a cut of whatever they get on top of what you were already offered. That will cost money and often the cost to hire an attorney outweighs the outcome. Best is move on and when interviewing say that you stepped away to deal with a family illness and then during that time the company did a small restructuring due to culture and business shift and it was just time to consider making a move. Definitely be sure that your exit document has a strong non-disparagement clause that goes both ways and names and includes that new manager specifically. Good luck.

45. AnonymousFebruary 8,2025 at 5:22PM UTC

    Unless you have a ton of documentation the likelihood of your pointing toward retaliation is slim. You could consult an attorney and find one that will take your case if they even deem it worthy and they can get a cut of whatever they get on top of what you were already offered. That will cost money and often the cost to hire an attorney outweighs the outcome. Best is move on and when interviewing say that you stepped away to deal with a family illness and then during that time the company did a small restructuring due to culture and business shift and it was just time to consider making a move. Definitely be sure that your exit document has a strong non-disparagement clause that goes both ways and names and includes that new manager specifically. Good luck.

46. Colleen HansonFebruary 8,2025 at 5:25PM UTC

    I wouldn't bother with an employment attorney because there does not seem to be any clear "discrimination" here. I, too, live in an "at will" state and proving any type of discrimination/harassment is almost impossible. I once worked for a man that would unzip his pants and act like he was taking his junk out, pretend to swing it back and forth, and talk about how "large" he is. It was disgusting. When I told him it made me uncomfortable I was terminated the following day. I contacted an employment attorney immediately and they told me I would first need to file a claim with the EEOC and receive a "Right to Sue" determination. In he said/she said situations that is impossible to receive and my claim was dismissed almost immediately. I would say that unless you have clear and convincing proof, in writing, of any wrongdoing that you will not have a case unfortunately.

47. AnonymousFebruary 8,2025 at 6:02PM UTC

    Don't waste your money. I was in a similar situation. They likely used the request for information about FMLA as a reason to terminate you but you don't have any actual proof of it. I paid a lawyer and nothing happened. I was just out of my money.

48. AnonymousFebruary 8,2025 at 6:35PM UTC

    It could be helpful to speak with an attorney to gain some clarity around your rights in this particular situtation. Given that you just inquired in writing about FMLA, I'd say you may fall into one of the protected classes, depending on which state your live/work. I spent $350 for an hour of coaching from an attorney and appreciated the peace of mind it afforded me. I also negotiated the 3 months of severance I was offered to 6 months. Typically, the first severance offer is a starting point and HR has a ceiling that they can offer up to. If you signed the severance already, there may be a cooling off period where you can rescind your signature. I'm not sure if this is state law or federal law. Depending on the size of the company and their capacity to manage lawsuits (like, do they have an internal legal team or have to pay an outside firm by the hour) many companies want to avoid unnecessary lawsuits, even if they think they would win.

49. Kathy DonnaldFebruary 8,2025 at 6:36PM UTC

    My boss tried to get me to quit ( had me working all nights). I did not so She hid money, said I was short, the deposit was not short? But wrote me up, trying to get me to go. Then she left the company? I have 30 years in, I need to get away from this company but I am waking with cane due to an injury on the job here. I interviewed 2 times and the cane is all they were interested in

50. Bridget HarringtonFebruary 8,2025 at 6:42PM UTC

    I was part of a layoff that included several long-term employees with chronic health conditions + others who are over 65 and still working. Unless you have hard proof that they discriminated based on your FLMA request, I'd just walk away. The cost to fact-find with a lawyer can be exhoribitant. Another avenue where a lawyer might help us if you can get 4 or more employees who had the same things happen to file a class action. I spoke with several of my former coworkers and a few were interested in filing but chose not to due to money concerns. Companies work very hard to hide tracks where they could be sued and this is a prime example. My former company is on its last legs and as far as suing, they have very little to take. Watching them slowly lose more and more employees and market share has been much more gratifying.

51. AnonymousFebruary 8,2025 at 7:38PM UTC

    I worked for a company for 10+ years. I was on FMLA and when I was due to return, I was terminated. They offered severance, but I refused. I consulted an attorney and won my case. Don't give up. I worked in an "at will" company too. I wish you luck but like other people said it was not a reflection of you nor your fault. I had a hard time with this. It was wrong that this happened to me but everything happens for a reason. Now that I looked back on it, it was a blessing. The company controlled me in and out of the office for years. I had no life.

52. AnonymousFebruary 8,2025 at 9:16PM UTC

    Consult an employment lawyer if you'd like. Even contact your state bar association to find out if there are lawyers willing to give a free consult. They can advise you on estimated time/costs to fight a case so you can decide what to route to take. One major factor will be proof. Another route would be to negotiate your severance (ask for a bit more and see what they give). There is usually a deadline by which to respond/sign. Use all that time to get advice or run your finances. ---In the end, it's less about why they made the decision and more about your next steps. I'm sorry this happened to you and wish you the best.

53. AnonymousFebruary 8,2025 at 10:38PM UTC

    It sounds like could be illegal, just because you mentioned that illness and the possibility of using FMLA. They don’t have to tell you is because of that, the timing matters too. However, read well any papers they give you to sign for that severance, sometimes they request you resign to your rights, that is illegal too, but makes it harder since you would sign away your rights. I would still consult with a lawyer.

54. AnonymousFebruary 8,2025 at 11:37PM UTC

    I am sorry this happened to you. With what is now going on in DC with the layoffs in the Federal government, I am starting to believe, "at will" or "union protected" does not matter. However, you should consult a lawyer to determine if they owe you any additional compensation. This is a bad time to be without employment. Good luck!

55. AnonymousFebruary 9,2025 at 1:26PM UTC

    I was laid off during maternity leave. I went on leave in October, there was a mass lay off in December. When I came in for my first day back from maternity leave in February I was told that I was included in that mass layoff. I called lawyers and it is completely legal

56. Ann SweeneyFebruary 9,2025 at 1:30PM UTC

    Given that you were fired just after discussing FMLA is retaliatory, and is illegal. Don’t sign anything. If you’re over 40, you have a 21-day window to negotiate. Can you negotiate for yourself? If so, do you know what other exiting employees have received? Use that as a baseline. Without data, I’d suggest asking for 7 months—1 month for each year of service—and ask for COBRA (if you’re carrying insurance) until end of year. Don’t blink and good luck!

57. AnonymousFebruary 10,2025 at 11:23PM UTC

    In order to claim retaliation, one has to prove retaliation. That would possibly mean a trial at least to the point of the discovery phase, during which documentation, or lack thereof, would be visible to the plaintiff. I know that when I went through superistory training, I was counseled not to write anything down (that might hurt me/my employer); I don't know how that would work in this context but it would probably be helfpul for the plaintiff to have no paper trail (PIP, etc.). However that's still time and money upfront, which is really depressing and shouldn't be how things function.

58. Dawn CrossFebruary 9,2025 at 1:31PM UTC

    I am sorry this happened.

    Unfortunately, “At will” is just that. No reason needs to be given.

    Unless you can take a solid case to an attorney, it will be difficult to prove it was due to asking about FMLA.

    It could be just as you stated, a clash of personalities and the company going in another direction due to the reorganization.

    Good luck.

59. AnonymousFebruary 9,2025 at 6:24PM UTC

    Actually, it would be up to the attorney to o determine if there is a case here worth pursuing.

60. Nancy BrennerFebruary 9,2025 at 1:48PM UTC

    This happens. Don't waste your money.

61. AnonymousFebruary 9,2025 at 3:48PM UTC

    Make this your lesson learned. The law says you need to provide 30 days notice if you plan to use FMLA time. I've needed it multiple times for personal surgeries. Each time I ask in writing on email to both my manager and HR and ensure everything is documented on the HR portal. I'm always concerned about a layoff (it's happened three times). One layoff was due to "job abandonment" which was 100% false. I went out for a major surgery that took almost a year of recovery time. I had no idea at the time about the laws, assuming that since my state offered 6 months disability pay and I was also paying for additional personal supplemental disability benefits that I was fine. I was in communication with HR and my boss the entire time. They never said a word and suddenly I got a letter in the mail that I was terminated. That was my lesson and I've never taken off a second more than the 12 weeks allotment for FMLA. That said, they can and will let someone go the minute you walk back in as retaliation for taking FMLA. I've had two friends that were laid off a few days after returning from maternity leave and another laid off after returning from a surgical leave. None of them had a case according to the attorneys hired. The laws don't truly protect the employee. Currently need to leave for FMLA myself and plan to redo the resume and start looking while I'm out, given the timelines of many companies hiring it may take 12 weeks to get interviews. I want to have a plan B in the event my current employer wants to lay me off upon return. They've done multiple layoffs in the past year but this leave will give them an excuse to let me go if they find cheaper labor in my absence.

62. Balanced372207February 9,2025 at 6:23PM UTC

    You are correct in that most employers hate FMLA

63. AnonymousFebruary 9,2025 at 10:18PM UTC

    A woman who took FMLA to care for her terminally ill adult child and was fired on her return to work just won a huge judgment for wrongful termination.

64. AnonymousFebruary 10,2025 at 11:16PM UTC

    I took FMLA a few years ago 2 days before I left, I believe. It was a nervous breakdown caused by work that I certainly didn't see coming. I think the 'in advance' is when you know something is happening. I think knowing when something happening is pretty rare. The policy is as soon as 'possible and practical.' Thirty days pertains to things that are scheduled

65. Lisa MarieFebruary 9,2025 at 6:18PM UTC

    At Will employment. End of story.

    Please just use your time and effort to find your next best opportunity instead of staying stuck in a place that won't lead to inner peace and overall wellbeing.

    Winning at something won't necessarily translate to your wellbeing or what's best for YOU or your career in the long run.

66. AnonymousFebruary 10,2025 at 1:30PM UTC

    Hundred percent agree. Chances are really good you won’t win. But you will spend a lot of money and the toll it will take on your sanity and health is just not worth it. Been there more than once. Considerate a bullet dodged

67. Carolyn AinsworthFebruary 9,2025 at 6:52PM UTC

    My husband was laid off from a position of 21 years with a 6 mo. severance package. I believe to get the package he had to sign something saying he would not sue/get a lawyer. Grrr. It happens ALL the time.

68. LilianFebruary 9,2025 at 9:24PM UTC

    there is so much more I want to ask you!!!

    However, based on what you shared, I'd recommend these:

    1. consult with an attorney to see if you have some type of a case. Claims for wrongful termination aren't usually clear cut or quick. You'd have to ask yourself if you want to invest the time and energy pursuing it.
    2. Negotiate your severance if you choose to take it without or after step 1.

    a note to keep in mind, severance is pretty much taxed at 50%

69. AnonymousFebruary 9,2025 at 10:41PM UTC

    I think if you can have a free or affordable-to-you consult with an attorney, do that and be thorough with your story and any documentation you have. Many employment attorneys work on contingency so they’ll only pick you up if they believe it’s worth their time. Read all the fine print and make the decision for yourself.

    My only other note is that it’s a daunting process, even if you are in a good spot financially and have another role lined up. Throwing your hands up and saying, “oh well, at-will” is EXACTLY what they bank on you doing.

70. AnonymousFebruary 10,2025 at 2:36AM UTC

    Did they state why you were terminated? If they continued to have concerns with you regarding your manager, they may believe you are difficult to manage and decided to part ways with you and offered a severance due to your years of service or because they believe there may be exposure by letting you go with no prior documentation on file.

71. Catherine RecardiFebruary 10,2025 at 4:22AM UTC

    It is now illegal to force a terminated employee to sign an NDA (non-disclosure agreement) or forego severance. Gather all documents, emails, and paper trails and see an employment attorney.

72. Marcela M AlexanderFebruary 10,2025 at 2:00PM UTC

    I went through the same scenario. There is no time to follow your advise as the termination is immediate, they turn you off the network and take their laptop right away so you can't gather any documentation, as well as hold your next paycheck and severance ransom if you don't sign by a date. For me, they they time your termination so you are not eligible for the year end bonus which is part of your salary contingent on that year's performance. Seemed so cruel as you can't find a job during the holiday months when everything is dead.

73. Marcela M AlexanderFebruary 10,2025 at 2:01PM UTC

    in my case they said my job moved to Tampa.

74. Bosslady121653February 10,2025 at 4:52AM UTC

    I would get a lawyer. I would have taken the FMLA it helps to protect your job. Maybe you gave them a good opening for them to let you go. I am sorry that this happened to you.

75. Sharon BrumleyFebruary 10,2025 at 1:32PM UTC

    DO NOT waste your time in finding or getting an attorney! Yes, I have been through this - not exactly the same situation, however, similar. Key words: Restructured, you and new boss do not see "eye to eye" and the false assurance....do not waste your time, emotions or energy....it will not help you...the "at will" will always win out.....blessings moving forward no matter what you do.

76. AnonymousFebruary 10,2025 at 2:20PM UTC

    Yes get an attorney. Just because you are in "at will" state does not mean they can terminate you without a reason.

77. AnonymousFebruary 11,2025 at 4:40AM UTC

    This is not accurate- as long as the employer didn’t fire for an illegal reason (disability, race, gender) “at-will” literally means they can fire you without a reason.

78. AnonymousFebruary 10,2025 at 11:08PM UTC

    I got a lawyer when I left my job (it was a sudden PIP and a 'jump or be pushed' scenario, so I jumped). I was offered 4 months of severance. My thinking at the time was so messed up and a friend who is a labor lawyer suggested I talk to a lawyer. I wasn't going to bring suit against my employer, but it was nice to have someone do the negotiating for me. Note: I did not sign anything before hiring the lawyer. If you have, then you have. He got me 9 months. He cost me just over 3k out of pocket (well worth it for the additional severance). I'm guessing I also could have paid him 40% of what I got in sev/salary. I'm not sure of the value of references; my experience is that prof. references aren't solicited anymore for liability reasons. That doesn't mean they won't be helpful allies in networking,etc.

79. Nobody AnywhereFebruary 11,2025 at 12:51AM UTC

    I would schedule a consultation with a labor and employment attorney who is licensed in your state. Not a general practice attorney-an experienced labor and employment attorney. You can find out if it is worth pursuing in that meeting. If not, you can stop there.

80. Melissa Boillot, SHRM - SCPFebruary 11,2025 at 4:43AM UTC

    If you can speak to a seasoned employment attorney, you can definitely go that route. That said, these are usually long and difficult roads to travel. If you have anything in writing that shows the date you requested FMLA information, along with your positive employment reviews, etc. your chances are better. Your attorney will most likely send a demand letter for additional compensation and they employer may settle, knowing it would be a gamble taking something like this to trial.

81. AnonymousFebruary 11,2025 at 1:30PM UTC

    I was just in the same boat. I sued, and it was a year long process. I'm glad I fought thru Dept of Labor, and EEOC because had I used an attorney, I would be broke and possibly would not be able to pay him. I settled thru mediation, and the plus side is I'm eligible for my spouse's survivor benefits. The settlement wasn't worth didly, but I look at it as they paid. And the plus side, they are closing at the end of this year. My drama happened 2023. That's what happen when you do dirt to people. In Wisconsin