Tech IndustryMay 25, 2023
#ReadyForWorkPhPU25

Wrongful Termination by Disability

I worked at a small company (less than 50 people) and was fired without reason being an at-will employee. I was told I couldn’t get a concrete reason for “legal reasons”. My guess is the company wanted to be as vague as possible to avoid a lawsuit liability. I was in the process of talking with my manager about medical leave since I have a rare condition called chronic daily headaches. I also have doctors verifications about years of treatment and my diligent follow ups to manage my chronic pain. My pain is debilitating to the point where I need to wear a migraine ice cap to fall asleep and throughout the day so I am considered disabled. My company knew this and still strategized to try to criticize my performance when I was legitimately producing work that is documented online via lots of GitHub activity. They aren’t covered by FMLA due to their size. They didn’t offer me medical leave as part of a broader discussion although it was referenced in a 1:1 the week before I got fired. And I explicitly said I was going to research my options. I got a message from my old co worker saying they announced it via Zoom as a performance issue along with explicitly saying it was done on a pip basis immediately after my termination, knowing damn well a pip wasn't introduced to me or signed. They knew it was illegal. I have an arsenal of medical documentation since I’m at a doctors appointment almost weekly. I think they took advantage of my vulnerability and were in a decline financially. I was performing just fine and never received a complaint from a client about my work, just consistent positive feedback, even the first week I joined. My immediate family member was also going through cancer treatment to add on to this insult. They offered me severance in exchange for my signature on a release document that waives my right to sue and much more. I tried to negotiate a higher severance with unpaid vacation leave but they replied back with the employee handbook stating that would be forfeited after termination. I have signed but I believe EEOC is still possible. I've got an interview scheduled. Seeking legal advice TC: 157k #tech #wrongfultermination #disability

Microsoft BarFoo+ May 25, 2023

If you're seeking legal advice, maybe talk to an employment lawyer.

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PhPU25 OP May 25, 2023

I did they recommended I sign since there might not be much legal recourse with the size of the company and not being covered by fmla. Looking to see if anyone might be able to provide clarity on EEOC rules with severance / release agreements

Microsoft BarFoo+ May 25, 2023

Ok, even if employee handbook says vacation is forfeit, that could depend on state laws. So you should check into that. If you've signed already though, you might have waived rights you would normally have... It's hard to tell. I'd recommend having another lawyer give you their opinion. Don't just take one opinion, just like a second opinion from a doctor.

Investment Bank Glinda May 25, 2023

See another attorney for a second opinion. If this ever happens again don't sign anything without legal counsel.

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PhPU25 OP May 25, 2023

They advised me to sign it after they reviewed it with some adjustments to a few clauses. Added some more context in the other thread above

New
dociwn Jan 23

Op, I’ve filed an eeoc, let me know if you have questions. Good luck. I recommend everyone file