Requesting Severance?

[Anonymous]

TLDR: Reported someone on another team for sexual harassment earlier this year & was out for 12 weeks for FMLA almost immediately following. Despite this, still on track for an exceeds rating on my review. Since coming back, my immediate supervisor has been passive aggressive, nitpicky, non-responsive/inclusive, and very condescending. Team is noticing it as well which is why I think its time to move on. I am a hispanic woman located in MD working for a publicly traded company at the SM level.

I've never requested severance so I have no clue how to do this. I'm sure I need an attorney but has anyone crossed this bridge? How did it go? Is it even provable or is the company going to say "they're not doing that"?

[Anonymous]

You can and should negotiate your severance. Maybe read this book before you lawyer up.

https://www.financialsamurai.com/how-to-make-money-quitting-your-job-2/

[Anonymous]

You don’t get severance when you quit a job. Severance is for situations where you are laid off.

[Anonymous]

I don’t really see what entitles you to severance here. Your supervisor sounds like a lot of supervisors. Yes, often the option is to quit, or move internally at least. You don’t get severance.

[Anonymous]

Talk to an employment lawyer. Many offer free or low cost initial consultation. You likely want a settlement in lieu of lawsuit.

[Anonymous]

You can do this on your own or with a lawyer. You might get more with a lawyer but it’s unclear. Different companies have very different approaches to what they are willing to pay out.

If you’re serious, I would either file a claim for retaliation under the company’s policy or indicate your intent to do so. Say that you feel you have been subject to retaliation due to engaging in protected conduct (making a complaint against a fellow employee under the policy), and/or due to your use of FMLA, gender, ethnicity or family status (if you were out for a baby with the FMLA). There’s a strategy call about whether you first want to demand remedial action or just jump to saying you’d like to negotiate an amicable separation.
But you should probably expect something in the range of months, not years, for a severance package.

[Anonymous]

What on earth you don’t get to request severance.

[Anonymous]

You need an employment attorney consultation.

[Anonymous]

Are you expecting them to fire you and you want to be prepared to request severance? Or are you quitting and thinking you can request it?

[Anonymous]

Contact the EEOCC for advice

[Anonymous]

Anonymous wrote:What on earth you don’t get to request severance.

This.

[Anonymous]

Everyone in here is incorrect. You CAN ask for this and it happens more often than you may think. This is what is known as a mutual separation/exit.

It has numerous benefits to the company, including preventing litigation, removing an unwilling team member, non-disparagement (word travels fast and this is worth $$).


OP talk to an attorney. You have significant leverage, if not you can quiet quit and let them decide what to do with you.

[Anonymous]

It sounds like you don’t want severance so much as a settlement for constructive dismissal on the basis of illegal discrimination/retaliation.

[Anonymous]

[quote=Anonymous]It sounds like you don’t want severance so much as a settlement for constructive dismissal on the basis of illegal discrimination/retaliation. [/quote]

This. And can't say I blame you. Reading between the lines it kind of sounds like you want to go the "give me severance and I won't make a big deal about the discrimination stuff" path. Which, I'm not necessarily against. But it can easily be perceived as blackmail and depending on how vicious your company is, could complicate things for you. Before you quit or go any further, I'd meet with a lawyer.

[Anonymous]

What you describe is illegal retaliation. Make a complaint about it. Get a consult with an employment attorney. They can use the retaliation as leverage to negotiate your exit.

I do this for folks on the regular as an employment attorney.

Fyi, if you're a fed, you have a 45 day deadline to file your EEO complaint. Private sector in the DMV has 300 days to file a charge with the EEOC or state local agency.