California Employment Law
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I cant seem to attach the doc- if you can send me your email address i can send it to you.
I have been pretty confused the last few weeks & starting to process a little better now.
Here's my thoughts:
1- the severance agreement needs to be returned 1/20/13
A few items I feel may be appropriate to ask for with 20 years and $50M in sales the last 5 years … the #1 producer of the division’s sales….without losing what has been offered?
-Does the clause in item #10 prevent me from filing for California State Temporary Disability? i have been advised to apply for this.
It feels rather obvious age 62 is why I was not offered another sales position after successfully managing those positions personnel previously for 20 years.
What could the monetary best case scenario if an age discrimination and or wrongful termination should there be a case & won?
Thank You, XXXXX XXXXX VP Special Markets…XXX-XXX-XXXX x 2550….cell XXX-XXX-XXXX
Joseph, did you receive my response? Vince
I'll go through the items you mentioned.
1. 20 weeks would definitely be reasonable.
2. No, the agreement doesn't prevent you from claiming California State Disability benefits.
3. Yes, commission being part of your severance would be reasonable.
4. Medical insurance for length of your severance--not sure what you mean. You're only being offered COBRA coverage, which every employee has a right to anyway, and your employer cannot extend your eligibility for that coverage. If you want health insurance benefits paid by the company, you need to negotiate for that.
5. I doubt they'd be willing to match your 401k contributions now that you are no longer with the company, so I doubt they'd agree to that provision.
If you believe that your age was the primary factor in your termination, you should not sign away your rights to sue under the Age Discrimination in Employment Act, since you could potentially receive 10s of thousands or possibly 100s of thousands (less likely) from a successful claim.
Unfortunately, if there were any other issues with your work or anything else, your employer would probably defeat your cause of action, so you definitely shouldn't base your decision on the amount you could get from an Age Discrimination law suit.
Thks Joseph for the quality info!
Can you tell me if i am entitled to a copy of my employment file?
if so is there a specific amount of time i can request it be sent to me?
thks again joseph....your answers are very clear & to the point ...can you work with me through phone or personal contact or reccommend someone in orange county ca of your same caliber?
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