Legal Question in Employment Law in Illinois

Wrongful termination

I was fired after 9 years of employment because a large account I managed left. The reasons given were lack of product support, (an issue escalated to product senior manager) and customer service (issue again escalated to senior management). The account in question did not loose any customers and based on my actions increased revenue by $50 k annually. I have been offered a severance package and have been asked to sign a release of all claims. I have never been written up or coached on this client (or any client). I was promoted last year to a manager and held three specific areas of duty, sales manager, new account sales and account manager. I was not offered support to handle all three roles. Should I accept the severance and release?


Asked on 11/11/02, 9:49 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Wrongful termination

I am sorry to hear of your situation. Unfortunately, you case is very fact-specific, rendering it impossible to give you advice without knowing the details of the severance/release and your employment agreement, i.e., whether you are an employee-at-will or whether you have some contractual or statutory protection. As to the contractual analysis, does your employer have an employee handbook and, if so, what does it say about these issues or termination?

Even if you had no claim against your employer -- such that you wouldn't really be releasing very much -- you might not want to sign the severance/release agreement your employer is now offering. In other words, perhaps there is some room for negotiation on that offer. For example, does it contain a non-compete provision or a restrictive covenant? Does it contain a confidentiality provision? If so, are these provisions enforceable? How much is the severance package worth -- is it enough to warrant an attorney review?

Without a review of your specific facts, I am sorry to say that it is simply impossible to give you any substantive response to your question.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]; 312-596-1700

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Answered on 11/14/02, 1:14 pm


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