Hello. Quick recap of what happened and hoping for some advice on the matter.
I worked for a large insurance firm for 27 years as an executive assistant helping coordinate a team of sales reps. I am a female over 50 years old. After working under one very demanding boss for over 20 years, the relationship started to become very tense with him becoming more and more abusive toward me. He was under a great deal of stress because of an affair he was having with an office worker and his marriage was in duress. He took his anger out on me and our relationship went down hill fast and furious. Then one day, out of the blue, he tells me that the company is likely going to be laying off people and that I am probably one of those who is going to be laid off. He said that he had worked with management to get me a severance package (not much of one) and that his advice would be for me to take it. I didn't give him an answer that day and then a few days later he brought it up again to me saying, "you need to make a decision soon because the deal is not going to be on the table long, and you might end up with nothing." Then a week later at our Christmas party he took me aside and said the same thing again, this time with much more dire effect, stating "I stuck my neck out for you to get you this deal so you need to give an answer or you will not get anything. They are going to lay you off."
That week I told him I would take the severance. I believe him that the company was going to lay off many employees and that if I didn't take it I would not get anything.
A month later a human resources lady came to my office with a severance agreement and I signed it and two months later I was out the door. She never spoke to me about why I was being asked to sign the agreement or why the company had decided to lay me off.
Over a year later, I found out from another member of the sales team that the whole sales team was under the impression that the boss had simply fired me because of the turmoil in the office. That he had spoken often about a need to get rid of me.
On top of that I found out that there was never a big lay off taking place within the company and that no group lay offs ever took place.
I also have a text message from the boss (probably drunk) saying "I did it because I thought it was the best thing for you. The environment was getting to be too much. It was better for you to go." Pretty much admitting that there was no lay off and that he had personally decided that I needed to be terminated.
Now, It seems that the boss wanted me out but because he had no real cause to fire me and because of my exemplary work record and reputation after 27 years it was going to be hard for him to do it, he chose to create this lie that the company was going to lay me off and that I had no choice but to take the severance package. And because of his controlling manner and intimidating behavior toward me for many years, I accepted his word for it and didn't think I had any other choice.
I don't think he ever heard any word from management that I would likely be laid off and that he made the whole thing up. I think he went to HR and lied to them as well, telling them that I had just decided to leave the company because my father had recently died. HR and upper management had no idea that he had told me I would be laid off and that I better take the severance.
My question to any knowledgeable person here is... does the bosses actions as described above make the severance agreement null and void due to pressure, fraud, and coercion? And since he lied to me about getting laid off and I was thus forced into quitting the job and never terminated with due process, do I have a case of unlawful termination?
Thank you for your time and help.
I worked for a large insurance firm for 27 years as an executive assistant helping coordinate a team of sales reps. I am a female over 50 years old. After working under one very demanding boss for over 20 years, the relationship started to become very tense with him becoming more and more abusive toward me. He was under a great deal of stress because of an affair he was having with an office worker and his marriage was in duress. He took his anger out on me and our relationship went down hill fast and furious. Then one day, out of the blue, he tells me that the company is likely going to be laying off people and that I am probably one of those who is going to be laid off. He said that he had worked with management to get me a severance package (not much of one) and that his advice would be for me to take it. I didn't give him an answer that day and then a few days later he brought it up again to me saying, "you need to make a decision soon because the deal is not going to be on the table long, and you might end up with nothing." Then a week later at our Christmas party he took me aside and said the same thing again, this time with much more dire effect, stating "I stuck my neck out for you to get you this deal so you need to give an answer or you will not get anything. They are going to lay you off."
That week I told him I would take the severance. I believe him that the company was going to lay off many employees and that if I didn't take it I would not get anything.
A month later a human resources lady came to my office with a severance agreement and I signed it and two months later I was out the door. She never spoke to me about why I was being asked to sign the agreement or why the company had decided to lay me off.
Over a year later, I found out from another member of the sales team that the whole sales team was under the impression that the boss had simply fired me because of the turmoil in the office. That he had spoken often about a need to get rid of me.
On top of that I found out that there was never a big lay off taking place within the company and that no group lay offs ever took place.
I also have a text message from the boss (probably drunk) saying "I did it because I thought it was the best thing for you. The environment was getting to be too much. It was better for you to go." Pretty much admitting that there was no lay off and that he had personally decided that I needed to be terminated.
Now, It seems that the boss wanted me out but because he had no real cause to fire me and because of my exemplary work record and reputation after 27 years it was going to be hard for him to do it, he chose to create this lie that the company was going to lay me off and that I had no choice but to take the severance package. And because of his controlling manner and intimidating behavior toward me for many years, I accepted his word for it and didn't think I had any other choice.
I don't think he ever heard any word from management that I would likely be laid off and that he made the whole thing up. I think he went to HR and lied to them as well, telling them that I had just decided to leave the company because my father had recently died. HR and upper management had no idea that he had told me I would be laid off and that I better take the severance.
My question to any knowledgeable person here is... does the bosses actions as described above make the severance agreement null and void due to pressure, fraud, and coercion? And since he lied to me about getting laid off and I was thus forced into quitting the job and never terminated with due process, do I have a case of unlawful termination?
Thank you for your time and help.
