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liz52

Junior Member
What is the name of your state (only U.S. law)? CA

Husband, 56, terminated ("mutual agreement" on contract) from 12 year sales position w major co. . Agreement MUST be signed within 21 days or they will rescind 5 weeks severance.... Of course agreement states he will not sue for age discrimination, waives Sec 1542 of CA civil code. It looks like they have crossed all the 't's on proving their case against him, but they are blackmailing him into signing, which makes me wonder. Should we take this agreement to a lawyer? I'm not looking for more $$, as much as just not wanting them to get over on us. AND of course now we have no money to pay a lawyer and will be using our recently declining retirement investments to keep from losing our home of 30 years.

Thanks for this service!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

Husband, 56, terminated ("mutual agreement" on contract) from 12 year sales position w major co. . Agreement MUST be signed within 21 days or they will rescind 5 weeks severance.... Of course agreement states he will not sue for age discrimination, waives Sec 1542 of CA civil code. It looks like they have crossed all the 't's on proving their case against him, but they are blackmailing him into signing, which makes me wonder. Should we take this agreement to a lawyer? I'm not looking for more $$, as much as just not wanting them to get over on us. AND of course now we have no money to pay a lawyer and will be using our recently declining retirement investments to keep from losing our home of 30 years.

Thanks for this service!
How are they blackmailing him into signing? :confused:
 

seniorjudge

Senior Member
What is the name of your state (only U.S. law)? CA

Husband, 56, terminated ("mutual agreement" on contract) from 12 year sales position w major co. . Agreement MUST be signed within 21 days or they will rescind 5 weeks severance.... Of course agreement states he will not sue for age discrimination, waives Sec 1542 of CA civil code. It looks like they have crossed all the 't's on proving their case against him, but they are blackmailing him into signing, which makes me wonder. Should we take this agreement to a lawyer? I'm not looking for more $$, as much as just not wanting them to get over on us. AND of course now we have no money to pay a lawyer and will be using our recently declining retirement investments to keep from losing our home of 30 years.

Thanks for this service!
Sue the b*st*rds.
 

eerelations

Senior Member
Absent a contract with severance clauses, your husband's company is not legally obliged to offer him any severance pay whatsoever. Since they are offering him severance pay, they naturally want to be assured that he won't sue them.

These kinds of agreements (i.e., promise-not-to-sue-and-we'll-give-you-some-severance-pay agreements, more commonly known as "release agreements") are very very common - in fact, any employer that doesn't accompany a severance pay offer with a release agreement is probably either completely nuts or legally extremely naive. The fact that your husband has been asked to sign such an agreement in order to receive severance pay simply means that his former employer is not nuts or naive.
 

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