Legal Question in Employment Law in California

severance agreement due to layoff

Can an employer withdraw a severance agreement offer? I'm considering trying to renegotiate, but don't want to come out with nothing. Was ''laid off'' due to ''restructuring'' i.e., eliminating my position. (In reality, the title has changed, the work is the same. Hired a male 2 months previous, when we were already losing money; hired another male the day after 3 of us women, 2 over 50, were laid off. I was never given an offer to be part of the restructuring, or offer to take a pay recuction, never had a performance review in 12+ years. Can't sue . . . what are my options? Is renegotiating potentialy harmful? And, if I receive the check in 2009 will that count towards my 2009 taxes, or does it depend on when the check is cut (according to the deadlines, the last day a check could be cut is Dec. 30) Is this a negotiationg point?

For my 12years and 7months I was offered not quite 12 weeks pay. I've worked in the same industry (publishing), which is dying, for 24+ years. As such, it will most likely take 18 months to find a new job. Is this a negotiating point?

Can I still file a gender discrimination complaint with the EEOC after signing the agreement? Don't want to sue, want there to be a record on file.


Asked on 12/06/08, 12:03 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: severance agreement due to layoff

Yes, offers can be withdrawn. Severance agreements generally waive ALL claims, read it to be sure. If so, and if the EEOC claim is worth pursuing and losing the severance, then don't sign.

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Answered on 12/08/08, 2:39 pm
Terry A. Nelson Nelson & Lawless

Re: severance agreement due to layoff

Yes, offers can be withdrawn. Severance agreements generally waive ALL claims, read it to be sure. If so, and if the EEOC claim is worth pursuing and losing the severance, then don't sign. If it is a claim with merit, value and collectability, then why would you waive it? If it is all those things, and you want to pursue it, feel free to contact me.

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Answered on 12/08/08, 2:41 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: severance agreement due to layoff

If you do not want to sue for age discrimination then you will not have anything to bargain with in your negotiations for greater severance pay. Do you have a contract that requires severance pay? There also will be no point to filing a complaint with the EEOC. Contact me directly.

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Answered on 12/08/08, 4:01 pm


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