Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma.
This is, sadly, standard practice. That is, it is common for an employer to offer benefits at termination, but to required that the employee
waive legal claims against the employer in order to receive the benefits.
And, it is legal.
If you sign the waiver, they can use that if you later attempt to sue.
So the real question will be, do you have grounds to sue?
If no?? Then take the money and run. Florida and Ohio are at will states for employment law purposes. As an "at will" employee, the employer can fire you for no reason at all. Or they can fire you for "cause" (if you do something in violation of company policy
or the law).
The one thing that they can not do is fire for a "bad reason".
Now, a bad reason would be if they fired you based on your race, your gender, your religion, your age (if your over 40), disability, or marital status.
What you describe? If they fired you due to your age? Then you can sue them for wrongful termination.
But you have to prove it...if you file suit, you have to prove up the case to get compensation.
That can be tough to do.
The fact they fired you and hired someone younger? That is certainly a start.
But you will need more than that.
If you do sue them, you will be able to access documents that can help prove the case...internal emails and memo's will be subject to discovery. So it may be if you sue you can find additional evidence to prove your case.
Also...you can negotiate. They are offering to pay to Nov. You can demand to Dec or whatever you are comfortable with. It may be you can get them to pay an additional month or two...if you let them know you are considering a lawsuit for violation of age discrimination that they will grant this request
Please let me know if you have more questions...happy to assist if I can