Should I take the Severance or Sue them?

I posted a few weeks back that I received a PIP from my now former company. They let me go yesterday. Reasons were 100% subjective..."I think", "clients think"...CRO is happy I am out. I am a woman, mom of 2 young ones out of a pool of young, single white males. I am tempted to just sign the severance agreement and forget about it but at the same time I know I was wrongly terminated. I spoke to a lawyer who specializes in this sort of thing and he thinks (obviously) I should fight it. The funny thing about this is I don't even care about the money at the end of the day, I just want to ruin this man's reputation. But then again, it is a nice lump sum of money that I kinda need. Any advice or suggestions are greatly appreciated!

โ˜๏ธ Software Tech
๐Ÿ’ต Finance
43
CuriousFox
WR Officer
15
Senior Account Executive
You need to do what's best for you and your little family, whatever that may be. โค๐ŸฆŠ
jefe
Arsonist
0
Head of Sales
This is always the best answer.

@minssylousorry this happened to you, hope you come out on top whatever you choose.
braintank
Politicker
13
Enterprise Account Executive
Sign it an move on
SaaSsy
Politicker
4
AE
Agree - I've been here before and mentally giving yourself permission to move on and just enjoy life is the right way. You'll thank yourself later. Good luck either way and hope you find something else much better!
holdawg
0
SAM
Agree. Also, you donโ€™t want to be labeled as the โ€œperson that sues people when they donโ€™t get their wayโ€

Not worth the headache today, and tomorrow.
TennisandSales
Politicker
10
Enterprise Account Executive
i want you to do what you think is right. I would be afraid that a legal batter will get drawn out, and end up costing you money in the long run ๐Ÿ˜ฌ.

i made a legendary glassdoor review when i left a company and that helped....a little ๐Ÿ˜‚
SaaSsy
Politicker
2
AE
Exactly! BLOW them up on GD, Repvue, everywhere you want lol. Cheaper than therapy
Rajan
Politicker
3
Senior Account Executive
And Google, Software Advice, TrustPilot, BBB...
antiASKHOLE
Big Shot
4
Account Executive
Litigation can extend much longer than expected. I personally would look into detail about what the severance pays out and probably sign it and move on. Karma can be a bitch, let them get what is coming to them.
butwhy
Politicker
3
Solutions Engineer
Take the severance, pan their ass on glassdoor.
minssylou
Valued Contributor
1
Sales Executive
yup or i was going to go down this route
ChumpChange
Politicker
2
Channel Manager
Sorry to hear this happen to you @minssylou. As far as the next steps... make sure you're factoring in the full scope of what the legal action would mean. Legal fees, time, stress, and logistics coupled with your more immediate concerns such as rent/bills and caring for your kiddos. I would take the severance. If you need more time then you can also go on unemployment. Use this transition period to find a new employer that shares the same values you do.
Sunbunny31
Politicker
2
Sr Sales Executive
I'm sorry this happened to you.

Litigation can be exhausting, so bear that in mind. It will go on for longer than you think, and will be draining. It may also be very uncomfortable, and take a lot of your time.

Companies depend on thatOf course the lawyer thinks you should fight - that's what lawyers do for a living, so keep that in mind as well. He's no altruist.

On the flip side, it doesn't sound right. Some people have fight in them, and maybe you're one of those people. If this is really something you want to pursue, and it feels like the right thing to do, it's an option. You'd have my support if you went that route. I'm not in your shoes, so I don't know what's best for you.

That said, if you take the severance, you can move on and focus on the next career/job and your family., and gain your revenge by absolutely (but accurately) smearing them all on RepVue and Glassdoor. You'd have my support for that as well.

Again, I'm so sorry The feeling of powerlessness is so frustrating - and a lawsuit offers a way to put power back in your hands, which is one reason it seems so attractive right now.
Kosta_Konfucius
Politicker
2
Sales Rep
Great thoughts on this @Sunbunny31! Its a super hard situation since some people do need to fight and sue, but they might not be the main benefactor from it. It would be the future workers
Sunbunny31
Politicker
3
Sr Sales Executive
Which is fine if that is what provides great satisfaction - but we aren't all Erin Brockovich.
minssylou
Valued Contributor
2
Sales Executive
Haha yes, exactly. I guess I will take the high road here and f them up on GD. Seems childish but I really donโ€™t care anymore at this point. Thanks for all the feedback and positivity
Sunbunny31
Politicker
1
Sr Sales Executive
It's a completely normal response, and very understandable. I don't blame you in the slightest.

I hope you have something else lined up already to look forward to.
activity
Valued Contributor
2
VP, Business Development
Take severance. Lick your wounds and move on. The hassle of court won't be worth it 99/100 times.
Pachacuti
Politicker
2
They call me Daddy, Sales Daddy
The best revenge is success. You're obviously not a fit for them so I'd take the money and move on.
LordOfWar
Tycoon
2
Blow it up
I would at least get a few opinions from several lawyers, including one from a legal clinic (less likely to try and make money from you) and compare it to the severance option.

Key things that matter is how long you worked there, what training you got, if quota/targets were shifting, if you faced any harassment or ill-treatment, the exact wording of the termination and listed cause, the history of similar treatment of other reps, if you left a job with tenure to take that one and probably most imporant - local labour laws.

I always advise against signing anything until you get legal advice as it can take away your options. They are not likely to lower their offer right away, so get some second and third opinions.

You are not going to like a legal battle, best bet is getting a larger severance. You are probably going to have to sign an NDA anyways, so not much chance to ruin their reputation, but that is for the best as you don't want to be thinking about them anymore.

Try to avoid signing a non-compete so you are not restricted in your next job search.
Diablo
Politicker
1
Sr. AE
Whatever is best for your and the circumstances.
DungeonsNDemos
Big Shot
1
Rolling 20's all day
Sucks as a situation. We are all here for you. It's hard to give advice without fully knowing your situation, but just think about what will matter in 4 weeks, 4 months, and 4 years down the line.
What decision would you be happy with?
UserNotFound
Politicker
1
Account Executive
Iโ€™ve never been offered severance. Is there a provision that inhibits your ability to sue for wrongful termination if you accept? Would you sue for wrongful term or for owed compensation?

Iโ€™m in the โ€œyou do you, booโ€ camp. As a mom myself I know how hard it is to accept the lesser of two evils and cash a check you donโ€™t feel good about cashing but youve got people relying on you. Whatever you do- once you make your decision donโ€™t let yourself question it. Trust in yourself.
aSaaSinator
Good Citizen
1
Sales Director
There are a number of things to consider. If you are in Texas, for instance, youโ€™ve got very little to go on since itโ€™s a right to work state. That gives them the right to fire you for almost zero reason. That doesnโ€™t account for things that are illegal like harassment, but it does mean that they can fire you even if you are doing a good job unless you unequivocally prove they fired you for being a woman, minority, etc. It is incredibly difficult to prove intent. I would move on unless you have them on audio and video soliciting you for sexual favors. Crass, I know, but if that is not the scenario itโ€™s unlikely that you will win.
ComplicatedBrain
Member
1
President
They have deeper pockets than you and can continue to fight the suit longer than you can. Donโ€™t ignore what a lawsuit could do to YOUR reputation, as wrong as that may be, it is a reality.
VFG
Good Citizen
0
SDR
Take the severance and post about the experience in LinkedIn. Send it to a few local / National papers. Theyโ€™ll eat it up.
StalledDeal
Contributor
0
Enterprise Account Executive
Itโ€™s a matter of what brings you most. Fighting the company will cost you a lot of energy. What can it potentially bring you in terms of cash? And would that really bring you satisfaction? If itโ€™s worth way more that what the current package is, you know what to do. If not, get out of there.
Justatitle
Politicker
0
Mid Market AE
Legal battles are often fruitful, they are also painful and can be a highly stressful time. If the severance package is pretty good personally Iโ€™d probably take it for peace of mind. Additionally Iโ€™d offer that letting it go will feel far better than revenge ever could.
BlueJays2591
Politicker
0
Business Development Manager
Take the severance, especially if you and your family needs it. A legal battle will go on forever
LightingLeader
Politicker
0
Specification Sales
If you have the energy to fight, always fight the man. If you are ready to move on, sign the severance and find a company that values you.
Anker
Fire Starter
0
SAE (Senior Account Executive)
Sometimes the best revenge is moving on and being happy and successful. Taking this guy to court just keeps him present in your life for longer. Make room for new good peeps, heโ€™ll never actually learn his lesson anyway.
MemeStonks
OG Sales Savage
0
Enterprise Account Executive
Iโ€™d say talk to a few lawyers. Without knowing the exact details itโ€™s hard to give a ton of advice. Also - a lot of employment lawyers will work on contingency. They take between 25-40% of recovered funds. Theyโ€™ll also take a lot of the heat off of you and all conversations will flow through your attorney and you wonโ€™t be dealing with the company anymore. Just my $0.02

Best of luck with everything!
GoGetIt10x
0
VP of Account Management
Ugh, this situation is all too common for women with children. They want you out and will gaslight you into thinking it is your fault. My advice: gave an attorney eye over the severance, ask for more months plus healthcare. Read the agreement, as it could have clauses that prevent you from writing reviews online etc. Best of luck and sorry you don't have a job, but kudos to no longer dealing with these creeps anymore. Sending positive vibes.
jbusiness
Catalyst
0
Sales Manager
You are a sales person by profession.

Which is better for you?

Take the immediate (smaller) win or fight for the bigger deal.

if you were trying to sell this deal - which would you take.

That is the right answer.
Thesamiam13x
Celebrated Contributor
0
Sales
Take is and the blast them on LinkedIn after you get a new gig.
Iceman79
Executive
0
Enterprise Account Executive
At least you were offered a severance. Donโ€™t get me wrong, they need to be held accountable. But at what cost?

Do whatโ€™s best for you
Sggsnoopy
Member
1
Regional Vice President
For any lawsuit to be filed in court it has to pass through the EEOC and you receive a letter from then granting you permission to proceed with your lawsuit. So, when your attorney said โ€œletโ€™s do itโ€, did he mention that the first step would be to file with the EEOC? It might behoove you to read the steps that will be taken before any lawsuit is filed. This part, in and of itself, allows for about 6 months for the EEOC to do their investigation. Your case could take 2 years or more to get to trial and thatโ€™s if it doesnโ€™t get dismissed before then.

I was a single mother with 2 kids when I left a Fortune 50 company in 2001. They sued me for violation of a non-compete, I counter sued and won. It took 10 months and 14 hours of mediation to get it over with. I couldnโ€™t concentrate on much else during that time. Of course, I wasnโ€™t given a choice since they started it. But, the threats of my moving forward with EEOC claims are ultimately what brought it to settlement discussions.

By the way, 5 years later this same company had a class action filed against for discrimination against women and paid out MILLIONS to others. I didnโ€™t get to participate in that, but they only got to use and abuse me for 2 3/4 years. There were others of my friends who had been there 20+ years putting up with their crap.

So, go to this page first and see what you think and feel after reading it thoroughly. https://www.eeoc.gov/federal-sector/filing-formal-complaint. Iโ€™ll stand beside you and help you champion your fight because it takes a tremendous support system (physical and virtual) to see it through if you decide to move forward with your complaint. Good luck in all of your future endeavors!!
Gasty
Celebrated Contributor
0
Community Manager [War Room]
Thanks for sharing your story @Sggsnoopyand giving this killer advice. Hoping to see more of such golden nuggets from you, here.

Welcome to the War Room!
finboi
Notorious Answer
0
Fi-nance
Happy medium?

Could you get that lawyer to help you write a letter requesting say double the severance package? Everyone wants to avoid court. Iโ€™m sure you do.

Some legal power behind your request can really help the HR folks when they have to go back to their legal/finance teams to request it.

You could even act like they have two options, take your suggested extra severance or battle this in court. Obviously you could always back down after that.
CRAG112
Valued Contributor
0
Account Executive
You could always use your lawyer to help you get an even higher severance.

they want you to sign, there is likely more they are able to give.
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bj ye AE
+55
bja009 , ย  yeets , ย  AE_But_Not_Really ย  and 55 people voted