[TX] [TX] What are my rights for negotiating severance after being wrongfully fired?

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation.

Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

I understand how frustrating this situation can be. Did your employer provide any explanation or documentation regarding the reason for your termination, especially in relation to the alleged retaliation?

Thanks for sharing that. It sounds like you were trying to address some important issues in your team.

Could you tell me if there were any witnesses or documentation from that meeting that might support your claim of retaliation?

I see, that seems like a very quick turnaround. Do you have any emails, messages, or other documentation from your employer regarding your performance prior to this incident? Or perhaps any colleagues who might be willing to support your account of events?

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I’ll get started right away.

Got it! I just need a few minutes to put together a complete response for you. It shouldn’t take longer than about 4–5 minutes, and I want to make sure it’s clear and comprehensive. Thanks so much for waiting—I really appreciate your patience.

Legal implications under the OWBPA and potential realiation concerns

First, regarding the Older Workers Benefit Protection Act (OWBPA):

Even though age discrimination protections under the Age Discrimination in Employment Act (ADEA) apply primarily to workers age 40 and older, the OWBPA sets strict rules for employers when asking an employee to waive age-related claims in a severance agreement.

Under the OWBPA (29 U.S.C. § 626(f)), any waiver of age discrimination claims is not valid or enforceable unless the employer provides:

• At least 21 days to review the agreement (for an individual termination), and
• 7 days after signing to revoke it.

A 7-day review deadline does not comply with the OWBPA. Therefore, the company’s timeline is legally defective.

You should notify them in writing that the presented deadline is non-compliant with the OWBPA and that you are entitled to the full 21-day review period. This not only protects your rights but also gives you additional time to evaluate or negotiate the severance terms.

Potential retaliation issues

The timing of the meeting, the sudden criticism of your performance or workload, and the subsequent termination may also raise retaliation concerns.

Under federal law — including:

• The Age Discrimination in Employment Act (ADEA),
• Title VII of the Civil Rights Act,
• The Fair Labor Standards Act (FLSA),
• And other workplace-protection statutes —

Employees are protected when they complain about workload issues, unfair treatment, or working conditions. These can constitute protected activity, meaning your employer cannot lawfully retaliate against you for raising such concerns.

If you were terminated shortly after voicing concerns, that temporal connection can support an inference of retaliation, especially if no prior disciplinary history exists.

Your evidence strengthens this. Colleagues who can support your version of events and the video showing inconsistent statements from management can help demonstrate pretext—that “poor performance” wasn't the true reason.

This gives you leverage in severance negotiations. Potential claims plus an OWBPA violation often push companies to agree to better terms. You can negotiate not just money, but continuation of benefits, changes to the reason for separation, and a neutral reference.

You should contact a local employment attorney right away to notify the employer of the OWBPA issue and begin negotiations.

I apologize, there is no generic template available, and we can’t draft documents here. It’s best to consult a local employment lawyer for assistance with that.

You’re welcome! Did that help clear things up for you? If you have any other questions or need more help, please don’t hesitate to ask—I’m here to support you!

I do hope the information I provided was helpful and addressed your question. If there’s anything else you need, please don’t hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!