Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My employer called last Friday, 13 Sept to say my job position

with Cat Fanciers' Association had...
My employer called last Friday, 13 Sept to say my job position with Cat Fanciers' Association had been eliminated. I have been with the company nine years. I turned 60 yrs old Sept 4, my husband was diagnosed with cancer first of May, I've used 116 hrs of my 120 hrs PTO available. CFA legal, Ed Raymond sent overnight letter, received Saturday, Sept 14, demanding I sign a Release Agreement that takes away my rights to all Commission payments due, Older Workers Benefit Protection Act, Age Discrimination in Employment Act, Employment Retirement Income Security Act, Family and Medical Leave Act of 1993, several other areas, etc. Per the letter from legal, I must respond by tomorrow, Friday September 20. If I sign away my rights, they will pay me through October. Otherwise ALL compensation, including earned commissions and Vacation time, and medical benefits end as of termination date, September 13. They have included a clause they must approve I'm being cooperative in transferring info to Central Office during the time from September 13 to end of October, if they feel I'm not, then payment will be stopped. Obviously I do not wish to sign my rights away and I would like to be paid for the commission already earned and not yet paid, I would like to consider filing for the Family and Medical Act for 12 weeks whereas I'm told the employer must cover my medical insurance cost during that time.

Thank you in advance for your prompt review and return contact.
Roeann Fulkerson-Chrisope
Show More
Show Less
Ask Your Own Legal Question
Answered in 11 minutes by:
9/19/2013
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,713
Experience: 16 yrs. of trial experience
Verified
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma.

This is, sadly, standard practice. That is, it is common for an employer to offer benefits at termination, but to required that the employee waive legal claims against the employer in order to receive the benefits.

And, it is legal.

If you sign the waiver, they can use that if you later attempt to sue.

So the real question will be, do you have grounds to sue?

If no?? Then take the money and run. Florida and Ohio are at will states for employment law purposes. As an "at will" employee, the employer can fire you for no reason at all. Or they can fire you for "cause" (if you do something in violation of company policy or the law).

The one thing that they can not do is fire for a "bad reason".

Now, a bad reason would be if they fired you based on your race, your gender, your religion, your age (if your over 40), disability, or marital status.

What you describe? If they fired you due to your age? Then you can sue them for wrongful termination.

But you have to prove it...if you file suit, you have to prove up the case to get compensation.

That can be tough to do.

The fact they fired you and hired someone younger? That is certainly a start.

But you will need more than that.

If you do sue them, you will be able to access documents that can help prove the case...internal emails and memo's will be subject to discovery. So it may be if you sue you can find additional evidence to prove your case.

Also...you can negotiate. They are offering to pay to Nov. You can demand to Dec or whatever you are comfortable with. It may be you can get them to pay an additional month or two...if you let them know you are considering a lawsuit for violation of age discrimination that they will grant this request


Please let me know if you have more questions...happy to assist if I can
Ask Your Own Legal Question
Customer reply replied 4 years ago

The conversation with the twenty Board members were done in "closed session" so the information would need to be obtained via discovery. I have been told by Board members who left the board the current president declared upon his election to "get rid of me". He and I did not agree on things. He did however give me a $20,000. raise starting January 1 this year.


 


CFA does not have over 50 paid employees so does the Medical Family Act apply for me to receive 12 weeks medical coverage paid by employer?


 


Would it be more effective a letter of negotiations comes from an Attorney vs me?


 

It would be more effective from a lawyer.

That requires you get a lawyer to do this for you...but if you are considering a lawsuit, and have your lawyer engage with cat fancy? You can bet they will take that communication MUCH more seriously than a plea by you for more money/time.

P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,713
Experience: 16 yrs. of trial experience
Verified
P. Simmons and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

This is exactly my thoughts. However, I am finding it very difficult to locate an attorney who represents Employee's and I do understand this is a bit more complicated with me living in FL, the company in Ohio and the Articles of Incorporation in NY.


 


I earned commissions on Branded Sales and a $20,000. check is due in the office on October 1. I am due 10% marketing commission. I additionally have other fees due to me they are refusing to pay via the letter.


 


Do you represent individuals outside this source here? If not, do you have a suggestion for me locating an attorney? I have tried searching the Internet and vis referrals, no one seems to do "Employee Law" ...

The terms of service of this website prohibit outside representation. So I can not represent you

And I agree it can be a tough case to prosecute. So tough to find a lawyer to take.
You would be best served with an OH lawyer. OH will have jurisdiction. FL May have jurisdiction depending on your employment agreement.

I would call the OH bar and ask about the lawyer referral service. They can point you towards competent representation.
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,713
Experience: 16 yrs. of trial experience
Verified
P. Simmons and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,713
35,713 Satisfied Customers
Experience: 16 yrs. of trial experience

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is it required that a written representation agreement or
Is it required that a written representation agreement or fee agreement be signed by a client when they work with a lawyer? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I have both a homeowners insurance policy that covers damage
I have both a homeowners insurance policy that covers damage to our home with a $1000.00 deductible and a home warranty policy with a $1000.00 maximum for plumbing incidents. We had a slab leak (plumb… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My home insurance policy re: full replacement cost. Language
My home insurance policy re: full replacement cost. Language was confusing so I had some words with agent who got mad and told me to go shoping. So I did. On potential new agents screen it said my cur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My son past three year and had an insurance policy that
My son past three year and had an insurance policy that didn't have a beneficiary. His death benefit was split between my husband and me. We have been separated for over 20 years. He has passed away a… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am sold a insurance policy and I have a copy of the letter
Second opinion] I am sold a insurance policy and I have a copy of the letter of confirmation, the certificate of insurance, when claimed form is submitted I am told I was not sold the amount of insura… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I want to have a life insurance policy and add my fiancée as
I want to have a life insurance policy and add my fiancée as one of the beneficiaries. The Insurance company is asking me: "insurable interest exists/what financial loss will be incurred by the person… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I am a grandfather who took out a life insurance policy for
I am a grandfather who took out a life insurance policy for my 19 year old … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had a life Insurance policy with All State insurance taken
i had a life Insurance policy with All State insurance taken out in 1997 for 25.000 whole life. I then increased it to 60.000 paying regularly each mos. I was told they had turned it over to Universal… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My mother has a insurance policy that matured in 2007 and
my mother has a insurance policy that matured in 2007 and cant ins. to tell us anything what should we do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
I am planning on buy in a separate insurance policy with a
I am planning on buy in a separate insurance policy with a different company for my teen driver and myself with specific vehicles. Can my current insurance company legally raise my rates on vehicles t… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I bought an insurance policy and one of the statements in
Hello, I bought an insurance policy and one of the statements in the policy make me think the policy is not valid. "This policy is written by an unauthorized insurer and is not subject to the filing o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x