• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Laid off after 11.5 years

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bobsalas

Member
What is the name of your state (only U.S. law)? OR
My story is not much different than the other million people laid off this year, but I can't help wonder.

I worked technical support for a software company. There are 4 hourly employees in our department. I earn the most, have the longest tenure, am the oldest (58), and am the only "minority" in the department.

I was called into the HR mgr's office and told that my position had been eliminated and that I no longer have a job.

I asked if it was because of performance and they said no. I asked what were the criteria used to determine who would be let go and they said they could not answer that.

To prove it was not age-related they gave me a spread sheet of other lay offs that gave the positions and ages of employees laid off, but mine was not on it.

For sure I was not the only one laid off that day and people with more senority than I were let go. But I was the only one in my department. Given my tenure, age, pay grade, etc., I just can not figure out why I was let go, unless it was soemthing nefarious.

(I just hope with all this time on my hands I don't turn into a conspiracy freak.)

But its got to make one wonder. Can I force them to tell me why I was selected?

I have 3 weeks to sign a document saying I will not sue or lose a $10,000 severance payment. That makes me wonder...

Should I just sign and move on?
 


Antigone*

Senior Member
You are right this is a hard time for so many people. I have seen some of my collegaues walked out of the office this week myself. I don't think you have a basis for any lawsuit. Be thankful that you have been given the severance package.

I know it is easy to say and hard to do, but you really have to pick yourself back up. Get to work on updating your resume and show your stuff to potential employers.

I wish you well, ana.
 

Some Random Guy

Senior Member
But its got to make one wonder. Can I force them to tell me why I was selected?
If you file a lawsuit, you can subpoena them for records that pertain to your case. However, this will cost you 10,000 in severance and even more than that for a lawyer. You are also just going on a fishing expedition since you have no real evidence that there was any illegal discrimination. Sounds like a complete non starter of a lawsuit.

For all you know, your manager could have thrown all of his employee's names in a hat.

The fact that they already had documentation of age of those let o means that they are more likely to have followed a documented procedure designed to cover their a** in na lawsuit.

I'd take the severance and move on.
 

Beth3

Senior Member
Depending on how many people they laid off, they HAD to share that information with you under the ADEA - i.e. a list of who was laid off, their ages, positions, and so on.

It's simply not possible to even venture an opinion whether your age and/or minority status had anything to do with the fact that you were selected for layoff while others in your department who have less seniority were kept. We just don't have the necessary information to assess that. What you are free to do is consult with an employment law attorney in your area before you decide whether to sign the severance agreement and get an expert opinion.

I have 3 weeks to sign a document saying I will not sue or lose a $10,000 severance payment. That makes me wonder... It shouldn't. Such waivers in exchange for severance are standard procedure these days and aren't an indication of any wrong doing on the employer's part.
 

cbg

I'm a Northern Girl
If you are over 40 that is not only standard practice, it is required by law.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top