What would my legal grounds for getting a severance based on a hostile work environment?

A "hostile work environment" is a workplace environment in which a superior or co-worker by behavior or actions creates an environment that is counterproductive to an employee, or prevents an employee from, performing their job duties in a reasonable manner. However, typically these behaviors/actions must be "discriminatory" in nature and not just a result of unprofessional or rude behavior. Additionally, discrimination in a workplace setting means action taken against you because you are a member of a "protected class"; in other words based on your race, religion, age, disability, sexual orientation, gender, national origin, etc. Based on the limit facts presented, it's not clear that the criteria for claiming a hostile work environment are present.

As for a claim of actionable defamation, some state courts have held that while there is a strong public interest in allowing employers and (by extension co-workers) to freely and subjectively evaluate the performance of employees, a performance review can be defamatory if it accuses an employee of criminal conduct, lack of integrity, dishonesty, incompetence, or reprehensible personal characteristics or behavior.

The crucial aspect of any defamation suit is demonstrating that the defamatory language was an assertion of fact and not an opinion. Therefore, highly subjective statements of opinion cannot constitute defamation.  On the other hand, if their is an assertion of fact that is untrue, this can give rise to a defamation claim. That having been said, determining the distinction between a statement of opinion and fact is easier said than done. However, a court is more likely to find defamation if the comment is likely to injure the claimant's professional reputation. Accordingly, some courts have held that ridicule can be defamation just as much as other, harsher false and untrue statements. So you may or may not have met the legal standard for a successful claim of defamation.

At this point you may just want to consult with an employment law attorney and go over all of the details of your situation. They can best advise as to your potential rights and possible remedies.

A "hostile work environment" is a workplace environment in which a superior or co-worker by behavior or actions creates an environment that is counterproductive to an employee, or prevents an employee from, performing their job duties in a reasonable manner. However, typically these behaviors/actions must be "discriminatory" in nature and not just a result of unprofessional or rude behavior. Additionally, discrimination in a workplace setting means action taken against you because you are a member of a "protected class"; in other words based on your race, religion, age, disability, sexual orientation, gender, national origin, etc. Based on the limit facts presented, it's not clear that the criteria for claiming a hostile work environment are present.

As for a claim of actionable defamation, some state courts have held that while there is a strong public interest in allowing employers and (by extension co-workers) to freely and subjectively evaluate the performance of employees, a performance review can be defamatory if it accuses an employee of criminal conduct, lack of integrity, dishonesty, incompetence, or reprehensible personal characteristics or behavior.

The crucial aspect of any defamation suit is demonstrating that the defamatory language was an assertion of fact and not an opinion. Therefore, highly subjective statements of opinion cannot constitute defamation.  On the other hand, if their is an assertion of fact that is untrue, this can give rise to a defamation claim. That having been said, determining the distinction between a statement of opinion and fact is easier said than done. However, a court is more likely to find defamation if the comment is likely to injure the claimant's professional reputation. Accordingly, some courts have held that ridicule can be defamation just as much as other, harsher false and untrue statements. So you may or may not have met the legal standard for a successful claim of defamation.

At this point you may just want to consult with an employment law attorney and go over all of the details of your situation. They can best advise as to your potential rights and possible remedies.