Members-only forum — Email to join

FMLA Leave Denied — severance offer seems low

Started by HRManager_Chicago · Aug 5, 2024 · 2,342 views · 20 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
HC
HRManager_Chicago OP

I'm in a difficult situation and trying to figure out my next steps.

severance offer seems low. I've been dealing with this for about 6 weeks now and the situation isn't improving.

I have worked at this company for 7 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

What are the risks if I pursue this? What's the likely timeline?

EM
EmploymentLaw_Mike Attorney

Attorney here. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the FMLA. The standard is whether a reasonable person would find the conduct qualifying and covered.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

NB
newbie_business_owner_GA

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

FT
first_time_renter_TX

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

AB
AgentBroker_TX

I went through almost the exact same thing.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

CA
CorpCounsel_Amy

I went through almost the exact same thing.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

IG
InsuranceGuy_FL

Been there. Here's what I learned.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

FS
frustrated_student_GA

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

FK
FreelancerKate

I went through almost the exact same thing.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

HM
help_me_freelancer_CO

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

SB
SmallBizOwner_NYC

I've seen this play out several times in my field.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

VA
VCAnalyst_SF

Been there. Here's what I learned.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

IG
InsuranceGuy_FL

I went through almost the exact same thing.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

RE
RemoteWorker_EU

I've dealt with this before.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

DC
desperate_creator_help

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

AF
asking_for_friend_trader_help

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

CA
ConsumerAdvocate

I've dealt with this before.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

JC
just_curious_homeowner_legal

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

DN
DataPrivacy_Nerd

I've seen this play out several times in my field.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

AB
AgentBroker_TX

I went through almost the exact same thing.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

FE
frustrated_employee_CA

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

Want to participate in this discussion?

Email owner@terms.law to request access