Legal Question in Employment Law in Ohio
GM, and Delphi Buyouts
I had 18 years service and my Union and Delphi instucted me to take the buyout or probably get nothing. 900 out of 1000(roughly) took the buyout, the people who stayed, got partial buyouts, kept their pension time, and are being transfered to other plants(they told us we did not have any transfer rights), plus getting a raise. After everyone took the buyout, they came back with an offer to the ones who stayed, which stated, anyone at age 43 could draw unemployment for 3years, and get a pension at age 50 with medical benefits. I am 46, can't find a decent job, and still fighting unemployment, Delphi won't agree to the unemployment, saying that I voluntarily quit.When I signed the buyout, it basicly said I don't have recourse for anything. I feel like I have been raped, do I have any recourse? Thank-you for your time
2 Answers from Attorneys
Re: GM, and Delphi Buyouts
You may or may not be stuck with this outcome, depending on two things. First, I would need to see the docs, particularly the written buyout agreement + anything that was given to you before that re same. Second, I need to know how much time elapsed between your buyout and when this new "deal" was offered to the people who stayed. If both events occurred close in time, this very well may have been fraud (i.e., see how many they could get to accept the cheaper outcome (buyout), before offering unemployment/pension). If they planned to eventually make the second deal before your buyout, you should have been told about it when you were offered the buyout. Alternatively, if the other deal was developed after everyone bought-out, this may not be fraud. Employment litigation is one of my practice areas. There are many Federal laws that protect employee benefits. Please call me to discuss further.
Vaseem
www.rendigs.com
Re: GM, and Delphi Buyouts
There is one remedy left to you called a writ of mandamus. call or e mail for free consultation.
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