How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12926
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

Ok, so as long as they want that waiver singed and they will,

This answer was rated:

Ok, so as long as they want that waiver singed and they will, I will have 21 day to negotiate and better package without fear that they will withdraw the package. Would I be better served to use a Lawyer to help me negotiate a better package as I feel what is being offered is lower than I should accept after 21 years and a great work history. I'm being let go because they said they are eliminating my position (Operations Marketing Director) but now I have been told that they will be opening a position a new for Operations Markerting Director, my job. What should I do and do I have any other options at this point other than getting a better package ?
Hello again and thank you for requesting me to address your followup concerns. Please allow me to answer your questions below:

"Ok, so as long as they want that waiver singed and they will, I will have 21 day to negotiate and better package without fear that they will withdraw the package."

This is not exactly the case. Since an employer is typically under no legal obligation to provide severance, a severance offer may be revoked at any time. What your employer CAN'T do is use threats of revoking or modifying the severance offer as a means of coercing you into agreeing to it prior to expiration of the 21 days period.

As you likely recognize, there can be a fine line here, but this is the state of the law nonetheless.

"Would I be better served to use a Lawyer to help me negotiate a better package as I feel what is being offered is lower than I should accept after 21 years and a great work history"

Hiring a lawyer in this circumstance may give you more leverage in negotiation, but you have to perform a cost/benefit analysis. If you pay a lawyer $2,000 for the chance of a severance offer that is just a few thousand dollars greater, that may not be an investment worth making.

"What should I do and do I have any other options at this point other than getting a better package ?"

Here on Just Answer we can provide information but not legal advice, so I cannot tell you what to do. This limitation noted, if you believe you have facts to support that you are being discriminated on the basis of your age (more that just speculation, but actual facts or strong circumstantial evidence), then you will have more leverage in your severance negotiation to ask for more because your employer knows that they will be avoiding a potentially viable discrimination suit. That would be your employer's motivation for offering more, and so the greater they perceive this risk as being, the more inclined they will be to try and get you to sign the waiver and offer you more money.

Hiring a lawyer is a good step in the right direction if you wish to put more pressure on them to bump up their severance, but since you have no technical "right" to severance, the situation is delicate and you must proceed accordingly.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best.

Kindest regards.
Patrick, Esq. and other California Employment Law Specialists are ready to help you