Legal Question in Employment Law in California
I have been negotiating a severance agreement and received a signed agreement on Monday. Today the attorney for the company said they were rescinded the agreement to change the language. In California, over 40�..can they rescinded an agreement that they have signed and sent to me for acceptance?
3 Answers from Attorneys
Did each party sign before it was rescinded? If the employee is over age 40, an excellent employment law attorney will make sure that the terms comply with the law as to how an employee or former employee can waive an age discrimination claim. Call an employment law attorney to discuss. An attorney will need to analyze the facts and read the contract before being able to properly advise you. You can likely find an attorney who can analyze the written agreement and proposed amended agreement and consult with you via phone for 1/2 or 1 hour and at a cost of between $150 and $300.00 or more.
If you have not accepted the offer before receiving notice of the rescission, then rescission is permissible. Your being over 40 does not affect your employer's ability to rescind.
If you hadn't yet formally accepted it and returned it, yes. There is no 'deal' until everyone signs. Work it out yourself, or consult with an attorney for help.