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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116144
Experience:  20+ Years of Employment Law Experience
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Is it possible to bring suit against a corporation an

Customer Question

Is it possible to bring suit against a corporation for coercing an employee to sign a document requiring them not to sue for age discrimination in return for getting their severence pay, if it's obvious he/she has been laid off without cause & very obviously due to age discrimination? Especially, if the employee is laid off, after receiving multiple glowing reviews & 19%+ in raises, as well as bonuses i.e. company stock, etc... during the previous year, when extensive numbers of other employees were being fired.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, a corporation does not have to offer any severance, so when they do so they do so in consideration for an employee giving them something in return. Thus, the employer has a right to get the employee to waive those rights and the employee has the choice to make to either take the severance and agree or the employee can refuse the severance and sue if they believe their evidence is sufficient to prove the only reason for their termination was their age and no other reason. The fact the employer offers severance in exchange for waiving rights to sue for discrimination is not considered coercion by the courts it is considered a choice given to the employee to take severance to which they are not necessarily entitled to by law or to refuse severance and keep their right to sue.