Legal Question in Employment Law in California

Lay-offs

My company recently laid off 60+ employees due to our positions were eliminated according to the paperwork that I received. The company required us to sign a general release in order to receive our severence pay. My title with the company was IT Operations Administrator. The laid off happened on June 30, 2004 and I just found out on last Friday 8/6/04 that the junior administrative assistant that reported to me was promoted to IT Operatins Coordinator which was my position.

Basically the company tried to cut cost, they let go the more senior employees that had been with the company for a few years and also high pay then after the laid offs they promoted the junior people to take over so the company doesn't have to pay as much on salaries.

My question is: is this practice legal I was under the assumption that if a position is eliminated the company cannot replace the position. Please advise.


Asked on 8/09/04, 1:45 am

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: Lay-offs

two things to add: (1) if you are over 40, they are required to add language into the settlement agreement which gives you so many days to revoke it;

(2) you may be able to challenge the settlement agreement by claiming that it was fraudulently entered into -- that the claim of layoff was actually a pretext to get rid of older workers. . .

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Answered on 8/09/04, 9:49 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Lay-offs

If the company has been systematically laying off its older employees and replacing them with younger ones, this is strong evidence of age discrimination. However, you may have waived any rights by signing a release of claims to accept the severance. If so, your only recourse may be to file a complaint with the EEOC or DFEH, which is not bound by any contract between you and the employer, and can represent an entire class of people.

You should have your case reviewed by an experienced employment law attorney in your area as soon as possible.

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Answered on 8/09/04, 9:05 pm


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