Legal Question in Employment Law in New York

termination

my husband is a doctor in a group of drs. he signed a contract 25yrs ago. he was asked to sign a new contract to keep all the contracts uniform about 3 yrs ago. his termination notice on the old contract was 3mons. through a vote by the board they are now saying he must give one years notice or he will lose all or part of his severance pay which at this point is about 70,000. he feels it is discrimination because the older guys have more severance pay if they were to leave. the younger guys have less since severance is tied into the number of years you have been there. if it is voted by the board it becomes a unilateral change in his contract. he does not feel this is fair especially since he changed his contract at the insistance of the ceo. (the ceo is an attorney) Is there a maximum amount of time by law required to give an employer regarding leaving? what a terrible thing to do to a senior member of the group.


Asked on 11/15/05, 2:55 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: termination

This is contractual and governed by federal law (ERISA). There is a potential age discrimination claim here, but without the actual contract I can't really say.

I would be happy t help if you need an attorney.

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Answered on 11/15/05, 3:16 pm


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