R
RickG9
Guest
I live in PA. My wife took a job on the exectutive staff of a small startup company (~ 70 employees) about 7 months ago. Several developments have occured, which we need legal help with (we are seeking advice of attorney as well).
First the BACKGROUND:
1). About 4 months ago, we found out she was pregnant. She told her employer after the first trimester (about 1 month ago).
2). The company had a significant reduction in force (not performance based) of about 12 of 65 people, or ~20% of total staff, with my wife being one of those who lost her job.
Now my QUESTIONS:
1). Because she is pregnant and will not be able to find a job in her (now 6-month) pegnant condition, is there any case to be made for "forward pay", since they left her in a very difficult position to find other employment for a significant peroid of time (until well after the baby is born)?
2). Her signed work contract calls for 3 months severence pay for job termination without cause (as in this lay-off case). However, her severence letter only states 2 weeks pay (if she signs and gives up her right to sue). The Human Resources VP tried this before with a previous employee. The employee contract entitled him to 3 months severence pay, but his termination letter initially said 2 weeks. When he questioned this, the HR VP said it was an "oversight", and he did get his 3 months pay. The HR VP later commented to another employee that "she hoped he wouldn't catch that in his contract". She has now tried this again with my wife - but we haven't called her on it yet...Is there a case to be made for attempting to intentionally (unethically) mislead an employee on benefits entitled them?
3). Finally, if the 3 months severence pay is in her work contract, is she obilgated to sign a letter giving up her right to sue in the future to collect this benefit?
Thanks!
First the BACKGROUND:
1). About 4 months ago, we found out she was pregnant. She told her employer after the first trimester (about 1 month ago).
2). The company had a significant reduction in force (not performance based) of about 12 of 65 people, or ~20% of total staff, with my wife being one of those who lost her job.
Now my QUESTIONS:
1). Because she is pregnant and will not be able to find a job in her (now 6-month) pegnant condition, is there any case to be made for "forward pay", since they left her in a very difficult position to find other employment for a significant peroid of time (until well after the baby is born)?
2). Her signed work contract calls for 3 months severence pay for job termination without cause (as in this lay-off case). However, her severence letter only states 2 weeks pay (if she signs and gives up her right to sue). The Human Resources VP tried this before with a previous employee. The employee contract entitled him to 3 months severence pay, but his termination letter initially said 2 weeks. When he questioned this, the HR VP said it was an "oversight", and he did get his 3 months pay. The HR VP later commented to another employee that "she hoped he wouldn't catch that in his contract". She has now tried this again with my wife - but we haven't called her on it yet...Is there a case to be made for attempting to intentionally (unethically) mislead an employee on benefits entitled them?
3). Finally, if the 3 months severence pay is in her work contract, is she obilgated to sign a letter giving up her right to sue in the future to collect this benefit?
Thanks!