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Sttlement negotiation

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jason97673

New member
What is the name of your state? PA

Ill start off by saying I do have an attorney, but I have been trying to do research on how much a settlement offer would be valued.

The specifics,

I have the FMLA and was fired due to going over my estimated number of absences I went over by 1 day, so they asked for re certification. I had a doctor appointment set up to get that cert. However, they went and allegedly called the doctor them self and now my absences thereafter were denied so I was fired for attendance policy. Thats a basic run down but Im not here to see if I can win that because I know I can.

I was fired back on October 31st, its now march and we have pursued all the way to talking about settlements. At first they wanted to throw 2500 dollars and thats a slap in the face offer.

The following is the information I have that I believe should give me a lot higher settlement but they dont think it is reasonable.

I work for a company in the top 50 on the fortune 500 list. It is an international company founded in 1898. The company had over 63 billion dollars in revenue in 2017. This is obviously important because large companies you typically ask for more then a local ma and pa shop.

I have been with the company since 2012, in my department I am 21st in seniority at 7 years. The people above me have been there between 7 and 32 years. Job is stable. Since I went full time in 2015 NO-ONE has been fired (but me) and ONLY 3 people quit, two for promotions and 1 to a different company. It is a job that can be defined as a "job for life".

I wanted 3-5 years front pay at 45k a year, putting me at an offer of 225k. But you always start a bit higher then what you want so I went with 250k. They come back and say it is not reasonable;e and may only do 1/3rd to a fourth of that.

I bought a house in 2017 and a car that year, and I am starting to get the mortgage companies talking about foreclosure options. If I lose my house and possibly my car, I wont be taking anything less then a trial decision which will result in alot more then the 250k because having a foreclosure and repossession ruins your credit for a long time and now unable to buy a house or car without decent APR.

So my question is 250k a reasonable starting offer for a company this big? If they offered 150K to end it now, I think I would accept just to end things and move on. But 50-60K dollars may help me stop foreclosure proceedings. But around here doing the job I got fired as made $21 dollars an hour, and this career job is the only job I have ever found where you can make that much with no experience or education(although I do have college degree)
 


quincy

Senior Member
What is the name of your state? PA

Ill start off by saying I do have an attorney, but I have been trying to do research on how much a settlement offer would be valued.

The specifics,

I have the FMLA and was fired due to going over my estimated number of absences I went over by 1 day, so they asked for re certification. I had a doctor appointment set up to get that cert. However, they went and allegedly called the doctor them self and now my absences thereafter were denied so I was fired for attendance policy. Thats a basic run down but Im not here to see if I can win that because I know I can.

I was fired back on October 31st, its now march and we have pursued all the way to talking about settlements. At first they wanted to throw 2500 dollars and thats a slap in the face offer.

The following is the information I have that I believe should give me a lot higher settlement but they dont think it is reasonable.

I work for a company in the top 50 on the fortune 500 list. It is an international company founded in 1898. The company had over 63 billion dollars in revenue in 2017. This is obviously important because large companies you typically ask for more then a local ma and pa shop.

I have been with the company since 2012, in my department I am 21st in seniority at 7 years. The people above me have been there between 7 and 32 years. Job is stable. Since I went full time in 2015 NO-ONE has been fired (but me) and ONLY 3 people quit, two for promotions and 1 to a different company. It is a job that can be defined as a "job for life".

I wanted 3-5 years front pay at 45k a year, putting me at an offer of 225k. But you always start a bit higher then what you want so I went with 250k. They come back and say it is not reasonable;e and may only do 1/3rd to a fourth of that.

I bought a house in 2017 and a car that year, and I am starting to get the mortgage companies talking about foreclosure options. If I lose my house and possibly my car, I wont be taking anything less then a trial decision which will result in alot more then the 250k because having a foreclosure and repossession ruins your credit for a long time and now unable to buy a house or car without decent APR.

So my question is 250k a reasonable starting offer for a company this big? If they offered 150K to end it now, I think I would accept just to end things and move on. But 50-60K dollars may help me stop foreclosure proceedings. But around here doing the job I got fired as made $21 dollars an hour, and this career job is the only job I have ever found where you can make that much with no experience or education(although I do have college degree)
You are basing a settlement amount on things that have no bearing on what you can reasonably expect.

I recommend you let your attorney guide you.
 

adjusterjack

Senior Member
1 - The size and wealth of the company has nothing to do with what you might, or might not, be entitled to.

2 - You exceeded the absentee limits. Why do you think you even have a case?

3 - Why haven't you gotten a job since Oct 31?
 

jason97673

New member
1 - The size and wealth of the company has nothing to do with what you might, or might not, be entitled to.

2 - You exceeded the absentee limits. Why do you think you even have a case?

3 - Why haven't you gotten a job since Oct 31?
1. I dont believe you can get the same settlement from a local pizza shop as you can from a company that has 100 billion dollars in revenue.
2. Because that is what the law states. It states estimated number of absences. The FMLA states there has to be a big change in circumstances to even ask for re certification. Going over an ESTIMATED number of absences per month by one day for the first time in almost 4 years is not enough cause to trigger re certification. Also I am eligible for the ADA. I have a disability as defined by the ADA and going over the estimated number of absences by one day is a "reasonable accommodation" and does not present undue hardship.

3. I have not had a job since then because they expect you to try and obtain a comparable job. And $21 an hour jobs in my area with no job requirements are hard to find. Even if I found a comparable job at 15$, I could apply. But those are far and few between. Also I do not have the money to take the amount of medication I need to even get a job. One month worth of pills would cost 200. If I pay for that, my house and car gets taken away. So if I did get a job, I would probably get fired if i dont have money for my medication. But either way, im asking about a settlement. Im not too worried about coming out empty handed at a trial.
 

quincy

Senior Member
What you want and what you need to maintain your current lifestyle does not mean you can expect this amount in a settlement.

Speak to your lawyer.
 

quincy

Senior Member
Settlements are about making you whole. They are not winning the lottery.
Settlements are about resolving disputes outside of court.

They are not (necessarily) about making someone whole.
 
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