Answered on Dec 9, 2015
You should definitely have someone look over the severance package before accepting, it sounds as if you could be compromising some claims. You will want to know the positives and negatives for such a settlement. You would need to provide more facts on any possibly discriminatory motive – age, disability, sex, nation of origin, etc. Additionally, given that you were under restrictions at the time of your termination, you would also be entitled to workers compensation benefits. There is a presumption that your disability/wage loss is related to the work injury when you are terminated with existing restrictions or in a modified job. I would not be surprised if the work injury is the basis for all of this, it is common for the insurer to push for a termination after a work injury. This seems like the employer/insurer did not handle it as well as they could have, so you have a good case. You should talk to a WC attorney and possibly an EEOC attorney, the consultation in these types of cases should be free so you do not have anything to lose. Good luck.