Legal Question in Employment Law in New York
i was laid off from my job in oct 2008. i was the senior member of my team and never had a bad review. i hastily took the severance package. do i have a case?
2 Answers from Attorneys
Your severance package probably included a general release. You should show it to an attorney and also discuss why you believe you have a claim against your employer. The attorney can advise you accordingly.
You would only have a case if you were the subject of discrimination (age, sex, religion) or retaliation for filing a legitimate complaint. In New York state, an employer may terminate an employee for any non-discriminatory reason and there is no legal right to severance pay. If you accepted a severance package, you probably forfeited your legal right to sue for any reason other than FLSA violations (overtime/wage violations).
If you believe you were discriminated or retaliated against, you should speak with a severance attorney in your area.
Best of luck!
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