my brother in law has worked for his company for 18 years and is now forced to sign a letter that says he agrees to work 24 hours/week as a part time employee. The letter also says that your employment is not for any specific length of time. He is 59 his supervisor is in his 30s he is the oldest employee in the company. He has to have the letter/contract signed and back to them no later than Monday or they will let him go as fired with no severance pay which was company policcy based on number of years with the company. Should he sign the letter or get an attorney to assit his decision ASAP?
Hello and welcome,The company does have a policy to pay severance but they are refusing to pay your brother-in-law any severance if he is terminated?What is their stated reason for taking this action?
I have a copy of the letter, but can not send attachements here. The stated reason is well we gave the severance package to our executives that were let go. They are making him become a part time employee 24 hours a week instead of letting him go. If he does not agree he can be let go. If he signs the agreement it says their is no longevity or time assured of employment. He does not know what to do. Big copany British owned environmental company
I see.Because of his age, there could be a cause of action against the company for age discrimination if he is being treated less favorably than similarly situated employees who are significantly younger. If this is not occurring, then the fact that he is an older worker would typically be irrelevant since the company is permitted to reduce an employee's hours and provide less favorably terms of employment based on business needs.However, if there is any reason to believe that age discrimination may be involved, he certainly should promptly contact a local employment law attorney to represent him in this matter.Unless there is language in the "offer" from the employer indicating he agrees to waive any of his rights, he could sign the document acknowledging that he has received it without actually waiving his right to pursue a claim for age discrimination if one exists.In addition, if this new "offer" is significantly less pay than his current job, such that he would be taking at least a 20% pay cut if he accepts these terms, then he could refuse the offer and collect unemployment benefits normally.It would be best though if he consults further with a local attorney before making a final decision, as they would be in a better position to review relevant documents in this case and advise him further.
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