Legal Question in Employment Law in California

Lay-off from job

My job at a school district (nutrition Specialist) has been eliminated. I applied for a different job that I was more than qualified for (Area Supervisor) and was not selected but was not given a specific reason. They did offer me a very low paying position (kitchen manager) that I didn't take. Do I have any recourse to ask for severance pay? I am only 2 1/2 years away from being here 15 years and turning 55 yrs. old. At this district that entitles you to medical benefits (district paid) until you reach 65.


Asked on 7/27/07, 2:50 pm

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: Lay-off from job

From the facts you gave, you have a credible claim of age discrimination, and, perhaps, a claim that you were fired so that the district could avoid paying your medical benefits. The District has complicated your case some by offering you the kitchen manager job that you did not take. Do you know who was hired for the Area Supervisor job -- if you were to file a lawsuit, a lot would depend on the qualifications of that person. Meanwhile, you should search for other jobs in the District that you are qualified for, and keep applying pressure on the District, by applying for them. And yes, you do have enough facts to seek to negotiate a severance. Feel free to contact me offline. I've represented people throughout the State.

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Answered on 7/27/07, 3:14 pm
Terry A. Nelson Nelson & Lawless

Re: Lay-off from job

If you're in a union, your CBA defines and limits your rights to severance. IF not in a union, company policy determines your claim for severance. Either way, IF you think you can show age discrimination, feel free to contact me to discuss your rights and remedies for that.

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Answered on 7/27/07, 3:39 pm


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