Employment Law Questions? Ask an Employment Lawyer.
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I'm sorry to hear about your situation. I want to make sure I understand what your primary concern is here. From what I understand, you said that you may be able to step down and get a temp position until March or you can quit and get a full year's salary. In your case, you're wondering which one would be best for you, is that correct?
I see. What's your biggest concern legally if you take the temp position?
i understand. I'm sorry to hear about your situation. I think though that you may need to go to the job expert area and not the legal expert area. I'm very sorry. Let me do this: I'll opt out of this question and let another expert take over for you. Please be sure not to rate as your question may disappear from the list and not be found. I'm very sorry again. Best of luck to you.
Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.
You can sue or threaten to sue under the ADEA (age discrimination statute). Under this law, the court can order the employer to place the employee in the position he would have held had the discrimination not occurred. So, a terminated employees could be re-hired, for example. These cases, however, are very difficult to win. Thus, you may have a hard time finding a lawyer to take your case on a contingency fee basis. So, it is recommended that you opt for the full year salary option and use that money to re-tool / retrain for a job where they may be a high demand.
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