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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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Joseph, i hope your day is going well...to follow up on my

Customer Question

Joseph, i hope your day is going well...to follow up on my issue...i have signed the severance agreement however it is a very little amount...
-i understand i can also file a lawsuit re age discrimination/wrongful termination... if so how long do i have to do this?
-should the company have given me a listing of the emoployees they are retaining since only 2 of the 5 sales people were let go...the 3 left are all female ...
-me being there for 20 years= more seniority & qulaifications then the 3 left...
-what would be the legal terminology/phrase to approach a contingency attorney with? thks Vince
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Vince,

Did you sign the severance agreement that included the provision that waived you rights under the Age Discrimination in Employment Act, or did you negotiate to ensure that that provision was removed before you signed the agreement?
Customer: replied 1 year ago.

i signe the agreement as is... an attorney i met with sai the agreement woulnt hol up in CA? what o you think?

Expert:  Joseph replied 1 year ago.
Why did the attorney state that?
Customer: replied 1 year ago.


something about the company shoul have given me a list of employees they kept & why over me

Expert:  Joseph replied 1 year ago.
The employer is not obligated to give you a list of employees and why they kept them over you.

If there is a layoff, the employer is required to give you the following information:

Information of the title of the person, age, number, and whether they were laid off or not.

You need to file a claim with the EEOC before asking an attorney to represent you. After you obtain your 'right to sue' letter you can pursue an attorney. There is no special legal terminology you need to lose (that should be left up to attorneys). The lawyers you call will have a basis knoweldge of your situation and can determine whether you have a good case or not.



This is an example of the information required:

The following is a listing of the ages and job titles of employees who were and were not selected for layoff [or termination] and offered consideration for signing the waiver. Except for those employees selected for layoff [or termination], no other employee is eligible or offered consideration in exchange for signing the waiver:

Job Title Age # XXXXX # XXXXX Selected
(1) Bookkeepers
25
2
4
28
1
7
45
6
2
(2) Accountants
63
1
0
24
3
5
(3) Retail Sales Clerks
29
1
7
40
2
1
(4) Wholesale Clerks
33
0
3
51
2
1


Customer: replied 1 year ago.


thks J how long do i have to file with the eeoc?


would this be for age or wronful termination?


do you have a contact site or number thks V

Expert:  Joseph replied 1 year ago.
You have 300 days from the date the discrimination occured.

You would file a complaint for age discrimination and wrongful termination.

Unfortunately, I cannot give any contact information since the rules of the site prohibit experts from doing so.
Expert:  Joseph replied 1 year ago.
Hello Vince,

Please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 1 year ago.

J...


1


from what you know of my situation ....say the EEOC approves my "right to sue" what kind of monetary settlement might I be awarded? I am just wondering if it is worth pursuing?


2


the severance payment did not include any or the average commission I earned ... I asked for the commission to be calculated into my severance in my counter...commission is the majority of my earnings...the company said no... can i petition this to any agency?


thks Vince


 

Expert:  Joseph replied 1 year ago.
1. I really can't speculate on that. It's also extremely unlikely that the EEOC would actually pursue charges on your behalf. They will all most always give out right to sue letters, so that's not really telling on the merits of your case.

The best way to figure out if the case is worth pursuing, would be to consult with some employment contingency attorneys to see if they'd be interested in taking the case. As long as you hire a contingency attorney, you would also not have to pay your attorneys anything till you receive a settlement or verdict in your favor.

2. No, unfortunatey, the EEOC would not have the authority to factor your commisssions into your severance.
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thks J


does this service do wills & living trust updates? Vince

Expert:  Joseph replied 1 year ago.
No, it doesn't, since that would constitute legal representation. However, there is an "estate law" category, where you can ask questions about wills and living trusts.

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Joseph
Joseph
Attorney at Law
3767 Satisfied Customers
Extensive experience representing employees and management