Legal Question in Employment Law in California
Recently laid off from non profit 100+ employees there 5+ years.Should I sign severance settlement for a month's salary not to sue or have attorney try to get me more? Prior to lay off was on FMLA for taking care of ill parents. Came back from FMLA and my position was given to someone. Did temp filler positions within company at same salary. Within a couple weeks went to another regular position within a month salary extremely lowered from orginal salary.
2 Answers from Attorneys
Do not sign ANYTHING until you have spoken with an employment attorney. If you have an actionable case for wrongful termination, it is almost certainly worth far more than a month's salary. Even if you have no desire to take legal action, you can use the employer's unlawful conduct (if it is indeed unlawful) to negotiate a better severance package.
Ari
Of course, without knowing all the facts it is difficult to offer advice. But based on your statement, you appear to meet the basic criteria for FMLA protection, which means the burden is on the employer to show it would have laid you off regardless of having gone out on FMLA leave.
It certainly seems it would be worth more than one month's salary, but there are many factors that go into evaluating legal claims. You should consult with an employment law attorney in your area to better evaluate any possible claims and discuss if that can be used to negotiate a better severance agreement.
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