I had an accident in 2020 which resulted in a diagnosed traumatic brain injury. I was on short and then long term disability for 2 years and then returned to work as I couldn’t risk changing my management roles/responsibilities with the symptoms (reassessed) impacting memory. I was terminated without cause after returning for a year in the beginning of 2024 and offered 4 weeks severance as I had only worked 2 of the 4 years under their employment. I hired an employment lawyer and while we’ve convinced their counsel to increase severance another 34 weeks, they weren’t comfortable with allocating a portion of it as hr damages. Their counsel has agreed to allocate all my legal fees to my severance but I think that I can do that myself anyway.
1. Is there any additional benefit to me with them allocating LF’s?
2. I’ve been advised by some that I should revise the release form (which I haven’t signed yet) to allow for potential future compensation if I’m struggling finding appropriate work (may be an issue selling my strategic abilities as I need time to process in interviews). My employment lawyer will support my decision but believes that if the employer refuses to revise the release form, this could drag on for just a little more money and stress I don’t need. Should I peruse?