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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20395
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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On Friday, 7/14 I was given my last check and a Separation

Customer Question

On Friday, 7/14 I was given my last check and a Separation and Release Agreement have worked with the 3 Financial Advisors for 10 years) and was told that the business I was working for was making a Support Staff change, I was the only support staff. No other explanation and no warnings or corrective action on my job before any of this. I am 67, have been working for 49 years and have never had anything like this happen. I now find out they replaced me with a much younger person.
JA: Was this discussed with a manager, HR, or an attorney?
Customer: The Manager and the other 2 Financial Advisors called me into the conference room and handed me my check and Agreement paperwork. There is no HR. Because they are a Financial Network working under Wells Fargo Advisors. I met withan attorney and he suggested I check on who they hired and I may have a discrimination case.
JA: Is the employment "at will," union, full time, or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: They included in the Separation and Release Agreement a severance of $3,000 which is unacceptable and the attorney I talked to indicated that was not good.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 months ago.


Thank you for the information, can you tell me what your legal question is? Also, what State were you employed in and did you sign the separation agreement and receive your separation payment?

Customer: replied 2 months ago.
Do I have a discrimination case? State of Florida.No, I have not signed anything at this point.
Expert:  Marsha411JD replied 2 months ago.

Thank you for your reply. There would be absolutely no way to guess whether or not you have a case that would be found to be substantiated either by the EEOC or the courts without having all of the facts, including those from the employer's perspective. I can though tell you what the law requires in order to have a substantiated case of age discrimination under the ADEA.

This particular type of discrimination is the most difficult to prove. The reason is because of how Congress wrote this statute. It requires that the plaintiff prove that the only reason, not just one reason, the person was terminated was because they are over 40 years of age. That is an extremely difficult threshold to meet unless the person hired to replace you was under 40, there is absolutely no other reason they decided to let you go, and they have a pattern of actions or statements that indicate they discriminate against workers over 40.

So, those are the issues that you need to consider when deciding whether to waive your rights to file suit and take a severance payment. The other issue is that you will have to finance any litigation, if the EEOC cannot resolve the issue in your favor. In other words, law firms do not take these types of cases on contingency basis and they can drag on quite a while. Of course, you can file a complaint with the EEOC and see where it goes, but in order to pursue it any further you would have to have declined to sign a severance agreement.

Your other option is to get a local attorney to try to negotiate a larger settlement agreement for you.

Please let me know if you need any clarification. If none, then if you could take a moment to leave a positive rating of my efforts to explain the law of your issue to you, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.