Can an attorney negotiate a severance package if I would like to resign(from current job)?

I felt as if I was discriminated against for the company I currently work for. I written a complaint only for it not to be investigated by the company. After that the problem still some what exist and I felt like the company didn't care.

I was treated differently from other employees which didn't share the same race as me. I was given duties and responsibilities which only I had to follow and due while the other employees were excused from it.

The environment has become very uncomfortable and I am sure the company probably wants me gone as well (which makes two of us).

Would it be possible for an attorney negotiate a severance or separation agreement? Also what kind of attorney would handle such situation?

I was thinking possible a 1 year and half ($36,000) to 2 year salary ($48,000). Would that be a fair amount?

1 answer  |  asked Mar 11, 2016 12:49 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Every employee who becomes a plaintiff in an employment discrimination charge or complaint has the burden to prove it.

Burden of proof really is a burden or it would not be called that. And labor and employment lawyers like the ones on this list serve handle those cases.

Severance payments are not legally required by any law. Even when employers do offer them they can be relatively low. Sometimes only 1 week of earnings for every year of service or less.

If your employer did offer you separation or severance pay it would most likely be after a lawyer has helped you gather some of the evidence you might need for court.

If you quit or resign you may not qualify for unemployment. Each case depends on the unique facts of that case.

The facts you posted are too vague for a lawyer to suggest that you do or might have a claim or that you have no claim.

Schedule a consultation with a labor and employment lawyer to go into your particular facts in detail. It takes a lot of time to analyze just one potential client's fact scenario.

Feeling discriminated is not the same as being discriminated. Bring all of your evidence including names and contact information of witnesses, documents, and logs or writings you may have to a lawyer for review.

Employers rarely pay money without proof that what they did or continue doing is wrong. They can treat everyone badly. They can not treat a person or member of a group or class of persons badly just because the person or the group belongs to one or more protected classes. You have to prove that they are doing the latter.

posted by V Jonas Urba  |  Mar 11, 2016 1:19 PM [EST]

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