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JustAskJenn
JustAskJenn, Attorney at Law (JD)
Category: Employment Law
Satisfied Customers: 1349
Experience:  I am the founder of a law firm and have over eight years of legal experience.
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My husband was laid off at age 60 after working for a company

Customer Question

My husband was laid off at age 60 after working for a company for 38 years. He had been paying $260.00 per month for life insurance with the company, which he has now lost. He was at home the day of the lay off and was called that day and was told on the phone. He had no warning of being laid off. They are forcing him to sign a serverance contract saying that if he takes the deal he will not be able to sue them later. Can he recover the life insurance money he has paid into the company for 38 years? He feels he was laid off because his benefits and salary was costing them too much money because of his age. They said they eliminated his job, but it is a job that must be continued so someone else will be doing it. Does he have a case for age discrimmination. We are in jeopardy of losing our home.
Submitted: 4 years ago.
Category: Employment Law
Expert:  JustAskJenn replied 4 years ago.
Are they offering a severance package as a carrot or do they just want him to sign an agreement which precludes them from being sued?

Edited by JustAskJenn on 2/3/2010 at 4:33 AM EST
Expert:  JustAskJenn replied 4 years ago.
I'm sorry the last post was an info request not your answer.
Customer: replied 4 years ago.
Yes they offered him severance if he signs the paper. We are also very concerned about the 260.00 he paid into life insurance a month for 38 years and now he has no policy. We need to know if he should fight this or just accept the offer of $50,000.00.
Expert:  JustAskJenn replied 4 years ago.
I'm very sorry to hear about your situation but I'll tell you my thoughts on this matter. The life insurance could be tricky because it depends a lot on how the insurance agreement was worded and without seeing it I couldn't comment on what could be done if anything about this, especially if it was strictly offered as a perk of employment. As to fighting or not, you may very well have a strong claim to discrimination if the position is truly going to be filled by someone else and especially if he has been an employee with a good record (which he obviously is or they would have claimed otherwise). I think you should see an attorney in your area ASAP to look over the document before you sign ANYTHING. I think it is quite possible that you might have a discrimination case on your hands and a little prodding and a letter from another attorney may force them to come up with more than 50,000 even if you don't want to go all the way to court. I'm very suspicious of their motives and eagerness to get him to sign away his rights under the circumstances. I hope everything works out for you guys, please protect yourself and see a discrimination attorney quickly. Many of these will operate on contingency basis which means if they don't win for you they don't collect any money from you. They will at the very least let you know if you truly have a good case or should sign. Best of luck.
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