The Lyman Firm - For Employee Rights

This is one of the biggest myths my clients repeat back to me after they’re fired 👇

Hi everyone! I apologize for the social media hiatus. Work and life has gotten pretty busy, but I’m going to be renewing my effort to keep you in the fold!

I do have a pretty exciting announcement and that is that I have been selected as a 2022 Northern California Rising Star! I’m so grateful to my peers for the nomination to Super Lawyers and I’m so happy that I get to participate in legal work that leaves a lasting effect on the individuals and business of this community. Below I have copied Super Lawyers’ description of a Rising Star listed attorney, so if you’re interested, take a look. Thank you for following the journey!

From Super Lawyers: “Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country.”

I got fired, but my company is being super nice about it and is giving me $5,000.  All I had to do was sign some paperwork.  Great! . . . Right?
 
Wrong. If you are being fired and the company offers you extra cash in exchange for signing a “severance” or “separation” agreement, you should be aware of what that extra cash is costing you. 
 
A severance agreement is a contract between you and the company where the company pays you for your (legally binding) promise not to sue the company for any reason.
 
Okay…so what’s the problem?  Often (but not always) companies offer severance agreements when they know you have a potential lawsuit against them.  They are trying to buy you off quickly—before you talk to an attorney—for a fraction of what your case is worth.  You may take a severance offer of $5k when you could have a case worth tens or even hundreds of thousands of dollars. 
 
So what should you do if you get a severance offer?  Talk to an attorney! If you feel like there was anything potentially unlawful about your termination or during your employment, you should absolutely book a free consultation with an attorney to find out if you have a potential case.  Otherwise, you have no idea what you’re giving up for that $5k.

Say your coworker has started making fun of you. You’re trying to convince yourself that you’re being sensitive until this morning when he calls you a racial slur while you’re filling your water bottle at the cooler. It’s time to make a work complaint.  Here is what you need to do:
 
1. DO complain to the right person.  Check your handbook, it’s likely your direct supervisor, HR, or there may be a hotline you can call.  If your complaint is about your boss, make sure to go to someone else.    
2. DO make sure the complaint is in writing and keep a copy for yourself. 
3. DO keep to the facts and be specific.  Include names, dates, and specific conduct or words exchanged.
4. DON’T use legal jargon (don’t say “I was s*xually harassed” or “I am experiencing a hostile work environment”).
5. DON’T threaten to sue the company. 
6. DO ask for a written response from the company and any investigation documents (they may not give them to you, but you should ask) and keep everything. 

It’s important to remember that complaining is a perfectly fine thing to do. Your job is not doing you the favor of giving you a paycheck, you are doing valuable work for them and you deserve to be protected.