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my husband is working for a company that is starting to layoff/fire…

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my husband is working for...
my husband is working for a company that is starting to layoff/fire the long term (5 to 15year) employees (that have current ins.licenses)with new younger employees that will take less pay and that the company hired so they have to cut the work force by the newly hired. My husband has worked for this company for 18years and is 3 years from retirement. The company offers them a "package" to leave quietly (2 wks pay for each yr) which they have to sign and then they will not fight the unemployment. If the package is not taken, they said they have the right to release without the package after a certain date with only one more point against them- usually the date a new employee arrives. Is this right? and can they do this?- their HR person has 50 long term employees on her desk that they are doing an offer to.
Submitted: 8 years ago.Category: Employment Law
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Answered in 1 minute by:
6/25/2010
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,702
Experience: Licensed attorney helping employers and employees.
Verified
Hello and thank you for your question. As severance is not legally required, it is common to ask for a release in exchange for the severance being paid.
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Customer reply replied 8 years ago
First, Is it legal to hire new employees to replace long term employees and find an "excuse" to terminate the long term employee/older one even when the new employees are being allowed to do the same thing without termination or warning?
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Legally, I am afraid the employer can do so provided it is not out of discrimination due to race, age, gender, nationality or religion. The employer can do so within its discretion for no reason at all.

Edited by INFOLAWYER on 6/25/2010 at 5:31 PM EST
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