I signed a severance agreement for 4 weeks pay (about $5,000 I think) that I can retract in 7 days. An attorney told me that I could retract and have her office draft a letter demanding a better severance. She says fees would $1,500 for this. He says the company will probably not take the original severance offer off the table if they refuse the suggestion of the letter. Would they do that after I retract my acceptance though? I am afraid they would dare me to sue them by refusing despite the letter and hold me to my retraction. Then I would get nothing and walk away or sped even more legal fees to sue - if I could afford to do that.
1 Answer from Attorneys
It is a cost-benefit analysis. What is the likely return on that $1,500? What will she be asking for? If the company refuses to increase the settlement offer, is your attorney willing to file suit? And if so, how much will she charge to handle the suit? The "probably won't take the original severance off the table" comment is just an opinion. If your employer believes that it is not likely that you would sue or find someone to sue, then they may just take the $5k off the table and dare you to file suit. Is that a risk that you are willing to take?
As I indicated to you previously, a valid discrimination case is worth well more than $5,000. The difficulty lies in proving it. Is it possible that you spend the $1,500 and it results in you doubling or tripling the amount that you receive for severance? Sure it's possible. Is it probable? That is an entirely different question.