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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5206
Experience:  Extensive experience representing employees and management
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I was lost my job today, I live in California they stated my

Resolved Question:

I was lost my job today, I live in California they stated my term date is effective 4/2 and that
is when I will be paid. Also they are giving me a severance package. In the aggreement they
gave me they said I could not file a lawsuit or seek age discrimination if I elected to accept
severance package. I have been with the company for 7 yrs. I have not signed the
aggreement.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer

I'm very sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 1 year ago.


1) I have been with the company 7 yrs. The are paying me for 3 months severance. The aggreement that I have not signed is if I seek legal help they will forfeit the 3 months of severance. Is there anyway around this? Also I am 56years old they state I cannot file age discrimination as well otherwise they will forfeit the 3 months of severance as well.They also did not provide me with my earnings statement and stated my separation date is 4/2 and should go home today 4/1 and I would be paid 4/2.


 


 

Expert:  Joseph replied 1 year ago.
In order for your severance agreement to be valid if you are waiving your rights under the ADEA, your employer needs to provide you with 45 days in order to look over and sign the agreement. If your employer does not, you can sign, collect the severance, and still be able to sue your employer under the ADEA for age discrimination.

Severance agreements are normally done for the purpose of preventing the possible threat of litigation, so they tend to include waivers of any and all claims that you have against your employer including any cause of action that you may have under the ADEA.

If you believe that you have a case that you were terminated due to your age (and not other factors) then I would strongly suggest you do not sign the agreement, or at least contact some local attorneys to discuss your possible case before you do so.

Since all communications that you have with an attorney would be confidential there is no way that your employer would know that you've sought legal assistance, so it would not place you in jeopardy of losing your severance agreement.

Additionally, a court may find it unconscionable that your employer would want you to waive your right to even have an attorney look at the severance agreement prior to signing it.

You can request an earnings statement from your employer. Assuming this is part of your employment record, your employer is legally oblgiated to allow you to see all files and information in your record.

All that said, 3 months of severance is above average on the whole, which either means your employer is genearous or you may have a valid claim that they want to encourage you to waive.
Joseph, Lawyer
Satisfied Customers: 5206
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Please remember to rate my answer positively so I get credit for my work!

Or please ask me any follow up questions that you have here.

Thanks and best of luck!

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Joseph
Joseph
California Employment Lawyer
5206 Satisfied Customers
Extensive experience representing employees and management