Two Questions To Ask When Deciding Whether To Accept Severance Or Sue Your Employer

When facing this common dilemma upon employment termination of whether to accept the severance offered or to forego it and pursue a case of discrimination / wrongful termination against your employer, asking the following two fundamental questions should help you make the right decision in your specific circumstances:? ?

1. How strong is your potential case against the employer? Most employment cases involve issues of intent and motive, and your ability to prove your case is never guaranteed. Therefore, if you have a weak case or no case against your employer, then there is no reason to leave any money offered to you on the table. You should take whatever severance you can and move on. If you potentially have a strong wrongful termination case, then answering the second question should help you make the right decision.?

2. Are you able to negotiate a higher severance - and looking at the top amount that the employer is willing to offer?you as severance after you negotiate - does it make sense for you to accept that severance now and move on to other things given your financial situation, your personal attitude toward litigation and the level of stress you will believe the process will cause you? Or, is the amount of severance offered insufficient, and you really wish to pursue your case in court, because you have been wronged financially and emotionally, and you want to see accountability in addition to obtaining higher compensation for your loss of wage, benefits, stock, etc?

If you have a strong case, the employer offers little to no severance to you, and you have no problem going through the process of proving your civil case by gathering and exchanging evidence and telling your story at a deposition or in court when the time comes, and you are even curious about the whole process, then you might be the right candite for pursuing that case.

An experienced employment lawyer should help you answer the above questions, and make the best and the most informed decision in your specific situation, given your goals and potential challenges.