I was terminated shortly after coming back from a short term disability leave from a toxic company (not Citrix). Been offered 6weeks. Worked there 3y. Is it worth negotiating more? I have some arguments for retaliation and discrimination (ADA or race/age). Some lawyers ask for 30-50% contingency which seems high. Is that normal? Anyone hired lawyers by hourly and can share (DM please). #severance #layoff #bayarea
1/3 contingent is normal. If think you have grounds to negotiate, what will happen is the attorney will draft a demand letter. The company will drag their feet and ignore it until you sign your original severance (minus paying your attorney)…that is, unless you have actual evidence (emails,docs etc) that can be use in court to add evidence to your claims. May not get too far with baseless claims in court. Talk to an attorney, not Blind
Depends on your situation. Good lawyer takes 40-50%. It is normal. I would not pay hourly. Contingency only. A greedy person pays twice:). Yes it is not easy but if you have documentation and incompetent managers then you have a chance. It is more difficult, I think, to sue for a layoff than for PIP. It is very case-specific.
One third contingency, plus expenses, is customary.
OP, not all companies and layoffs trigger the WARN Act. You can certainly ask for more severance, another month would not be an overreach. If your company is not offering COBRA reimbursement you could ask for that. Often your employer will pay you a little more to make you go away.
Not without an attorney they won’t. But feel free to try their stupidity
My spouse negotiated another 6 weeks when he was laid off in 2020 without an attorney.
You can ask for hourly rate and only pay less than 4-5 hours of the lawyers time. Dm if you have questions
Age? Race?
Place your time and effort in landing a new job. Time spent hoping and wrangling with attorneys will be a distraction to moving forward. Emotional response is to try and get them back for you feeling wronged. An intelligent response is move forward on to the next job path.
If anyone has any leads for good attorneys please get in touch. Sure I am applying for jobs, and moving on but I can also push back. Signing the agreement is itself problematic and I need advice; since I am waving rights that I may not be aware of.
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Isn't severance a courtesy? It is not mandatory. If you think you have a case, go sue (not easy).
This has been debated before. Nothing is a courtesy. Companies offer severance to avoid potential lawsuits. Plus WARN acts dictates 60 notice. They don’t offer it because they have a soft spot for employees! Thank god we have some work protection rights even in at will state like CA. And hence wondering and asking the community here for help.
What they say is accurate in the sense that they don’t have to provide anything. They just want a release of claims, sure, but the amount to offer can be two weeks pay. (I got that once). @qual the first step isn’t suing. It’s demanding a settlement