Legal Question in Employment Law in California

Re: Signing Papers after being Laid off

A company is allowed to reorganize, as long as they are not using the "reorganization" as a way to get rid of older workers. The employer will also be required to attach a list of all job titles that are being reorganized, and the ages of the employees being reorganized. If you feel that the real reason for the reorganization is to get rid of older workers, then you might be able to convince the employer to pay you money to not file an age discrmination claim. Feel free to send me more info at my private email. Good luck.

Re: Signing Papers after being Laid off

Well, if you've got actual proof or clear circumstantial evidence of age discrimination as being a motivating factor in the selection process for layoff, then you may have a case. IF you do, then it may be possible to negotiate a better severance package, or even to file suit. Contact me if you do and want to pursue this.

Re: Signing Papers after being Laid off

Many companies offer severance in exchange for a release of all claims. This, in itself, does not mean they have done anything wrong. Whether you have a case is fact specific and you haven't provided any facts with which to offer an opinion one way or another.

Some companies will negotiate a higher severance but, generally, you must be able to give them a good reason to pay you more. If there is strong evidence of some form of discrimination or some other unlawful reason for your discharge, you may be able to convince them it is better to be more generous with their offer than to risk being sued. If you have been with the company for many years and can show the employer how two weeks is not likely to bridge your time looking for another job, a compassionate employer may increase the amount.

But most employers will say they must stick with their standard severance policy to avoid everyone coming and asking for more. The bottom line is, you must be able to give an employer a good reason to convince them to pay more money than they legally have to.