Wrongful Termination Or Age Discrimination

[chipasora13]

New Jersey
Hi,
I worked for a company for 13yrs. In the production dept & helping out in the warehouse.
The President of the company had a personal issue with me. Then in Feb.2007 I was told that they were eliminating the production dept. My last day would be March 23, 2007. I asked if I could be put into the warehouse, since I knew they needed help out there. I was told No.
I had to sign a Severance Agreement & General Release. Told if I didn't, would not get anything.When I left in March, they had people come in & do the same work I had been doing for 13yrs. All Men, much younger then me. I had contacted the EEOC for Age Discrimination. I was told nothing they can do. I should contact Legal Advice.

My questions is:
I signed the Agreement under false Pretenses, because they were fully aware that the dept was not going to be Eliminated. But had me sign it anyway.I would like to know if I could get it Thrown out , or Null & Void, because of what they did to me?What is the name of your state (only U.S. law)?

 

[cbg]

Even if it were age discrimination, you've waited too long. Your window of opportunity to take legal action ended months ago. The statute of limitations has been expired for some time.

 

[chipasora13]

No I contacted the EEOC right after it happened in 2007. They just got back to me yesterday.

 

[LeeHarveyBlotto]

You specifically stated that the reason you were fired was not age discrimination.

 

[chipasora13]

That is What the EEOC has said. I want to know if the Agreement I signed is Legal since it was signed under False Statements by the company.

 

[mlane58]

You specifically stated that the reason you were fired was not age discrimination.

If they just responded yesterday, they should be giving you a right to sue letter and once you recieve that, you have 90 days to file a lawsuit, after that, forget it.

 

[cbg]

Not having read the document, we can't say. We cannot comment on the legality or enforceability of a document we have not read. No one can. There is no blanket law that automatically voids a document because of what you think the employer was thinking at the time.

If the EEOC just issued your right to sue letter yesterday, you have 89 days left to find an attorney and file suit. If you do not do so within that time, you are forever barred from doing so. Instead of wasting time trying to get people on the internet who have no way of judging the merits of your case to do so, spend that time looking for a lawyer who can actually read the document and thus actually have a prayer of telling if it is enforceable or not.

 

[chipasora13]

I got the letter from the EEOC today. It says that if I cannot afford an attorney( which I can't) to request assistance made to the US DISTRICT COURT. How do I go about that?

 

[cbg]

Why don't you call the US District Court and ask them?

 

[chipasora13]

Where do I start? How do I get the number or email address?

 

[mlane58]

Where do I start? How do I get the number or email address?

Google is your friend or the white pages under government.

 

[cbg]

Seriously. We don't even know what part of the state you're in. How do you expect us to know what the phone number or e-mail addresss for your area is? Haven't you ever heard of a phone book?

 

[ecmst12]

Also, if your case is any good a lawyer will take it on contingency, so there is no need to "afford" anything.