Also if you can provide me with a statement that I might make to my employer in response to the Severance and General Release statement that would be great.
A: You would have to write something directly onto the "Severance and General Release:" e.g.,
- Notwithstanding any other terms and conditions of this agreement, or any other agreement which I may have entered into with [name of employer] or said employer's ERISA-qualified retirement plan(s), nothing in this agreement shall affect my right, title and interest in and to any employee ERISA-qualified retirement benefits, nor my right to seek legal redress of any dispute over such benefits.
Yes, of course, I could use the EBSA complaint webpage and if you could provide a lawyer referral service, that would be great. I appreciate it very much.
A: EBSA Complaints; Lawyer Referral Services.
Thanks for your help!
P. S. May I ask you about ADEA as I do believe I am the only one that was let go based upon the elimination of my job category. However, we do have one temporary persona and one part-time person in the department who were not laid off and continue to work. Is this discrimination as well? The Company just finished with a Voluntary Retirement Enhancement Program effective 9.1.2013 and I do believe they used the "continuous service" rules and I am quite certain they did not apply the "vesting" rule for those folks who had been employed for 30 years or more as well as not providing a notice to employees about the change to "continuous service" albeit you did indicated above that the notice was not contingent upon the vesting rights.
A: If the employer is forcing persons age 40 or older to retire, then that is age discrimination. If the employer is forcing you to retire because you are age 40 or older, then that is age discrimination. If you believe that there is a pure age component to the reduction in force, then you would file a complaint with the Department of Fair Employment and Housing (DFEH). This is in addition to any other complaint that you might make, though an employment rights attorney could handle all of these complaints in one basket.
Note that if you sign a general release, then you will be waiving your rights re age discrimination under the ADEA or California Fair Employment and Housing Act (FEHA).
Hope this helps.