Requesting severance "without prejudice"

So my 2yr change of definition is coming up in April and I’m finally starting to feel like I could be improving. I’m taking it very slow, but I’m trying to work towards the idea of working in capacity. There have been quite a few layoffs while I’ve been gone and I fully expect I will be laid off once I finish the gradual return process. The issue is 1) I really want my severance package (that I expect should be generous), but 2) I really don’t want to go back to my current employer due to trauma from rights violations, bullying, etc. I’m worried that going back, even temporarily until they lay me off, could set me back with my chronic health issues.

  • Does anyone have experience with having a lawyer send a letter to my employer asking for a review of severance offer “without prejudice” if their intent is to lay me off?
  • Do you think a higher severance package could be negotiated based on the things that happened before my leave? I just don’t really want to go into it if it’s unlikely to make any difference.

Strongly recommend you source a well reviewed employment lawyer (who also understands LTD contacts very well) for a consult. Maybe go see a few, the good ones always offer a free case review of your circumstance and applicable evidence. If they ask for a retainer…run.

BEFORE accepting any severance package PLEASE PLEASE PLEASE make sure your LTD policy isn’t worded such that the entire severance package just goes to your LTD insurer to offset the LTD benefits they are paying you. I’d say about half the LTD contracts I’ve seen, clearly state that any severance from an employer due to termination of employment while receiving LTD benefits goes to the LTD insurance company not the terminated employee. You need to get the master copy of your LTD insurance contract to find this out, as it won’t say anything about it in any employee brochures or pamphlets.

They might offer you a severance while on leave. That means they layoff one other smployee.

I started to feel a bit better and tried to go back (to a toxic workplace as well). It ended up very bad and issues with LTD.

My healty declined even more. I ended up physically ill and have spent the better part of the last several months in bed.

If you think youre starting to feel better start doing things to see what you can handle. Can you manage the house by yourself like someone who is not considered disabled. Do you need considerable breaks and rest doing normal chores? If a conflict situation comes up does it set you back? How are you doing with social situations? Are you able to care for yourself? Healthy eating, making food, exercise? What healthy coping mechanisms do you have in place for when things get tough?

Looking back, these are all questions i should have been able to check off before doing a return to work. I was feeling better and i took that as if you’re feeling better you should be at work. Now im using those questions to assess myself if/when im able to return to work.

I know the thought of a severance package is tempting and could probably make a big difference financially but is it a guarentee? Is it worth your health declining? Will you have to fight for LTD if you go off again? Once you take that package you cannot apply again for LTD if youre not still on it.

Health is so important. It’s a tough call