Fired W/O Severance After 25 Years

[magtwo]

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

Fired for "unsatisfactory performance" after 25 years of good performance from a commercial bank. This is a corporation with approximately 600 employees.

Paid through last day worked plus vacation accrued.

Asked for severance and was offered 13 weeks with the condition that I sign a full release.

I then requested two weeks for each year of employment, the funding of an annual profit sharing contribution equal to 15% of my salary, and reimbursement for Cobra premiums.

They responded with an offer of eighteen weeks, noting that is the most they would pay.

I am not expecting to be compensated the amount I requested, but should I respond to this offer and press them for more? I would be willing to settle for one week for each year.

If I decide to press for more, should I note in my request that I intend to take legal action? ie, Age Discrimination/wrongful termination

Thank you for your help.

 

[cbg]

Given that you are not entitled by law to a single penny of severance, I'm not sure on what grounds you would press for more than the offer you have on the table.

This is a sincere question, and how you answer it will affect what I advise next. What do you think is wrongful (illegal) about your termination? What law do you think the employer violated by terming you?

 

[xylene]

If I decide to press for more, should I note in my request that I intend to take legal action? ie, Age Discrimination/wrongful termination

Well,

Put it this way, it would be dumber than touching a hot stove to imply such a thing without:

Having confirmed with your own counsel first that such a claim(s) is viable and that the lawyer is willing and able to pursue it either fee contigent or at a rate you can afford and are willing to pay.

AND

That you intend to carry through with the claim.

----
Analysis:

You are being offered 1/3 of a years salary

You want a full years salary, a substantial profit sharing and full healthcare.

They already sweetened their initial offer by ~35%.

You are an at will employee, in an industry in turmoil, and I am sure that despite your past successes they can substantiate in some documentary fashion this "unsatisfactory performance"

 

[Free_Advice]

The good news is that if sign a release of claims then the severance is outside the scope of unemployment -- so you can file UI w/o having the money go against you.

 

[magtwo]

Thank you for your responses.

Technically, the company has the right to fire me and I am not entitled to any severance; I realize this.

The attorney I spoke to briefly on the phone yesterday intimated that my case "would have legs" but I suspect he was saying it in that I could use the possibility of a lawsuit as leverage.

Personally, I just want it to be done. I'm not looking for a bonanza; I want the severance in order to job search without financial pressure. At my age it will be difficult to find a new position with the same pay grade and responsibilities.

I am sure I was managed out and will pribably be replaced with someone younger/newer that has a lower salary. It was a business decision.

 

[Antigone*]

Take the money and say thank you.

 

[xylene]

I'm not looking for a bonanza

Then why are you asking for a bonanza?

did this lawyer state, in an way, that he would take your case, fee contingent, if you were fired without compensation?



4.5 months wages (plus you are unemployment eligible) should be adequate financial security.

Consider talking to a job coach right away to find a new placement.

Consider talking to a counselor about your feelings about the prospect of being 'stepped back' a little in salary and rank in a new workplace setting. Don't let that make you stumble or question your worth. You are not your job.

 

[magtwo]

Thank you for all your responses.

I will accept the offered severance, and call it good.

 

[commentator]

And file immediately for unemployment insurance. Letting you go for "performance issues," instead of "lack of work" was a sort of dirty deal. It implies that your termination was for something you did, that was within your control, when it probably wasn't.

All you have to say when you file for unemployment is that you always did the job to the best of your abilities, that your performance was adequate and totally acceptable for 25 years or more, and then suddenly when times were tighter, they up and decided your performance wasn't adequate. If it is true, of course, tell the unemployment system that you had no indication that your performance was not up to par, and that you were not given any opportunity to improve your performance and keep the job.

Even though you are receiving severance, go ahead and file for unemployment immediately. This will set up your claim based on your most recent work, and in some states, you can begin receiving it immediately, even though you are receiving severance. In some states no, but in any case, it will have to be ajudicated that you were terminated without any misconduct on your part before you are approved, and you need to start that rolling right away.

The unemployment system will, of course, require you to begin making a legitimate worksearch for equivalent work. I hope you will find something soon, but in any and all cases, file that unemployment claim right now. I am amazed that you were able to negotiate a severance package of any kind, proud of you for doing this. Be glad you did, be glad you were able to get one.

It is hellishly hard and very time consuming to prove that you were discriminated against on the basis of age only in a situation like this. Employers are doing it all over the place, but it is very hard when things are like they are, to show that the reason you were terminated was due to your age, only your age, and that you have a clear cut case for age discrimination with EEOC. They'd try to pull in all the performance issues, all the junk they could, and definitely take back the severance. Whether or not you decide to do anything with EEOC or an attorney on this issue, file for unemployment benefits right away anyhow.