I agree with the posters recommending a consultation with employment counsel. I'm not sure what your health issue is (none of my business) but that complicates things a bit from your employer's side. If you're over 40, that's another thing you'd have going for you. Spend the $1,000 or whatever on counsel. It will most likely be money we'll spent.

It sounds like he did get some initial consultation who has said there isn't anything easy there. That said, I still would not sign a damned thing unless there is something I'm missing here that he's getting in return (beyond the medical). Then I'm likely filing unemployment unless there is another opportunity immediately available .

I'd also make it clear that if I find that a future/prospective employer learns of my condition, counsel will be obtained and we will have a problem. Don't need an NDA to protect yourself there. Your NDA is basically asking them not to violate the ADA.

DannyDuberstein said:

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It sounds like he did get some initial consultation who has said there isn't anything easy there. That said, I still would not sign a damned thing unless there is something I'm missing here that he's getting in return (beyond the medical). Then I'm likely filing unemployment unless there is another opportunity immediately available .

I'd also make it clear that if I find that a future/prospective employer learns of my condition, counsel will be obtained and we will have a problem. Don't need an NDA to protect yourself there. Your NDA is basically asking them not to violate the ADA.

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I have sought council. And there is no paper trail (that I am aware of). Only them getting extremely defensive when I bring it up. So much, that when I bring it up, that individual is no longer allowed to talk to me in these meetings. I am not dealing with compliance and legal only. But, alas, counsel said there is not too much to go on.

Your second paragraph is it. I have informed them of all the repercussions of letting my info out. I told them that I don't think about it in a sabotage way, I don't think anyone would. The example I gave, is if a hiring manager has a close associate at my last job and just wanted to reach out for unofficial references, my former employer could talk about my commitment and work ethic through said medical issues. That associate is trying to help, but in turn leaked information that is damaging to me getting hired.

All in all I'm just tired of dealing with them and just want to move on.

Sorry for typos. Also, I'm under 40 (barely)

Got it. Then I would stick with my initial advice of not signing anything with unless there is a benefit to you (and I wouldn't consider a commitment to not break the law by revealing your condition (accidentally or on purpose) a benefit), then go your separate ways and file unemployment if you don't have another job.

You don't owe them any kind of release, separation agreement, etc without some sort of severance or benefit to you.

You have a better chance at getting PTO paid out than bonus. Bonus is likely discretionary and not paid until a time after you are no longer an employee.

PTO is usually only paid out if written in policy and then, at least in Texas, is discretionary.

Is OP a female and potentially pregnant as there medical condition? I have seen companies behave badly in those circumstances… then get filleted when there is a complain.

OP has done many, many things right here, including consulting with counsel. Unless one feels like their lawyer is giving bad counsel, then I would defer to them as they have many more details than shared here.

My comment was more directed at demanding severance and bonus. Bonus, is exactly that, a bonus.

OP indicated that he was covered under a performance-based bonus program. If he hit the metrics it's not unreasonable to ask for a payout based on that as part of his severance package. At this point the worst they can say is "no".

Hundred percent agree. Bonus is absolute discretionary. It is never earned nor owed.

Release without consideration is generally not going to be enforceable. I am certain any lawyer would
Have advised of that.

$30,000 Millionaire said:

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Bonus is routinely paid out in severance.

Again, you can do a lot of damage to them by factually sharing your story. Make this a scenario where they pay you to go away quietly.

I am dumb struck you are willing to sign a general release for no money.

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From my experience, I generally disagree on your first point, possibly agree on your second (it depends on a lot of factors not in evidence, here), and definitely agree with your last point.

Bottom line for the OP, you don't get what you don't ask for, so be a bit aggressive.

OP, any update?

It doesn't sound to me like the OP has retained any council at all. Just a few phone calls but he's not paid an attorney any money.

Of course they're going to say "there's nothing there" when you're not paying them to dig into anything.

Would you dig a hole for someone you don't know without any money changing hands? Of course not.

agracer said:

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It doesn't sound to me like the OP has retained any council at all. Just a few phone calls but he's not paid an attorney any money.

Of course they're going to say "there's nothing there" when you're not paying them to dig into anything.

Would you dig a hole for someone you don't know without any money changing hands? Of course not.

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Well, to caveat, you will not dig the hole on the come unless you had a pretty good indication there was some gold in the hole. But even then they may want at least a retainer to get started.