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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117359
Experience:  20+ Years of Employment Law Experience
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I was off 11/10/15. A Release Agreement was included that

Customer Question

I was laid off 11/10/15. A Release Agreement was included that was signed and a severance pay of one week's salary for each year of service. I had 12 years with the company.
The company recently lowered the retirement packages to a total 75yrs. I turned 66 years old 10/2/15.
Is there any recourse of the company cheating me out of an early retirement instead of laying before the planned issuing these retirement packages?
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, if they offered the retirement deal after they released you and you signed the agreement, you have no legal recourse to demand that deal. You can call them and ask for the deal, but legally I am sorry to say you do not have a right to that deal especially since you signed the severance agreement.
Signing the agreement said you cannot bring any other claims and everything was settled, so you cannot sue them for anything and you are bound by the terms of that agreement you signed.
Customer: replied 1 year ago.
This company planned to do this and if I had of known this I would not have signed off on it. They give you a 7 day grace period to revoke the agreement but if you don't know what is coming down the pipeline you are ultimately screwed.
Customer: replied 1 year ago.
I will not have any more questions except for saying that is the only question I had regarding this matter. I do not want to go threw a trial period. Am I still charged $38.00?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am sorry that you did not revoke the agreement after you signed it, but when people sign written agreements the court is forced to bind people to those agreements. The civil sanctions for you violating that agreement and now trying to sue could be extensive, including attorney's fees of the employer for having to respond to the suit.
I do not know anything about your agreement with the site, I am not an employee of the site, but an independent user of the site and the experts get no credit for time spent with customers unless the customer leaves positive feedback and that is all the experts are told by the site.
Customer: replied 1 year ago.
It was unfortunately the answer I anticipated. I should have consulted a lawyer at the time this happened to determine if I had recourse by asking the question at that time.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You really should not have signed the severance agreement without having it checked by an attorney, but unless you knew for certain they would be offering a retirement buyout you would qualify for, the attorney would not have been able to predict that for you, so it may not have helped at that time either.
Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
Ok well the answers I received from you are satisfactory. I'm not pleased how company's get away with this yet I should have known and just been prepared to fight it anyway. Thank you.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, these companies change plans and deals all of the time, but once you sign and commit to something that is what you are committed to. (no different really than let's make a deal, once you take the money you can't change your mind and take curtain number one).