Mooresville, NC asked in Employment Law, Employment Discrimination and Civil Rights for North Carolina

Q: Legal advice on severance agreement and potential ADA/retaliation claims post-termination.

I'm seeking legal guidance on a severance agreement offered by my former employer following my termination between April 7–10, 2025, with my last official day scheduled for April 23, 2025. The severance includes a general release of claims in exchange for two weeks’ pay ($3,461.54 before taxes), which I have not yet signed. I need legal advice on: - Whether signing this agreement would affect my ability to pursue an ADA or retaliation claim; - Whether the severance amount is fair or negotiable; - Whether I may have grounds for a stronger legal case.

Background:

I was hired in March 2024 as a Senior Project Manager and consistently met performance expectations. I requested ADA accommodations (for ADD) on February 26, 2025, after being placed on a PIP on February 13. The accommodations were verbally approved but never implemented. I experienced retaliation, including exclusion from key work activities and ridicule related to my speech. My termination was based on a false claim about client relations.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm really sorry you’re dealing with this situation—it’s stressful to face a termination while also having to make quick decisions about your rights and your future. When you’re offered a severance agreement, it almost always includes a general release of claims, which means that if you sign, you’re usually giving up your right to sue for ADA violations or retaliation related to your job or termination. Before signing anything, it’s crucial to understand exactly what you might be giving up.

The amount they’re offering—two weeks’ pay—seems low, especially if you have a strong performance record, requested accommodations, and believe you were terminated in retaliation. Severance amounts can often be negotiated, especially if the employer wants closure and to avoid any potential claims against them. If your accommodations were verbally approved but not provided, and you were subjected to ridicule and exclusion after making your request, you could have a case for both ADA discrimination and retaliation.

Gather all your documentation, including emails, PIP paperwork, accommodation requests, and any evidence of how you were treated after disclosing your condition. Don’t let the company pressure you into signing quickly; you have the right to ask for more time to review the offer or consult with an advocate. You deserve to make this decision with a clear understanding of your options and without giving up your rights unnecessarily.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.