QUESTION

Should I settle or sue my employer?

Asked on Mar 15th, 2015 on Labor and Employment - Texas
More details to this question:
My employer has me in "limbo" and threatening to terminate me for "not being happy" - their exact quote. I have worked there for 11+ years and have zero complaints discipline actions etc against me. My coworkers consistently claim I'm one of their best co-workers and one of the hardest workers - their words not mine and I have many letters of recommendation that state as much. Apparently my "not being happy" is a result of me agreeing with another employee about a loss of benefits on a company discussion board. We are not the only ones to make statements on what is supposed to be a open forum. Others have said much much worse than what I agreed to. We are also in midst of a union drive that I am part of. Company is offering a 8 week settlement check. This owner has a past of going after union organizers in past and has lost his cases to the tune of several million dollars. Should I settle or sue?
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1 ANSWER

Bruce A. Coane
Eight weeks of pay for 11+ years at the company is not very reasonable, especially if you have a valid legal claim. To evaluate your claim, however, we would have to have a consultation where I ask you many questions. In Houston, many oil companies give 2-4 weeks of severance pay for every year of service. On the other hand, an employee at will has very limited rights and in Texas, as well as in most states, is not entitled to any severance pay.
Answered on Mar 18th, 2015 at 10:12 AM

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