Legal Question in Disability Law in South Carolina
forced corporate agreement
My husband was fired for being too old(55)The company owed him 16k. Their attorney sent a doc saying they would pay 6,250 if we would not sue them. My husband is legally handicapped with heart diseas and now unemployed.We could not keep the lights on or food in the fridge. We had to sign. I went to the EEOC but Mrs. Dawkins called to say she could not help us but is sending a right to sue paper. I can not afford an attorney. Can I present this to a judge and how do I do that? Thank you. Laura
1 Answer from Attorneys
Re: forced corporate agreement
This answer will have nothing to do with South Carolina law as I am not licensed in South Carolina. You will need to consult with a South Carolina lawyer in order to obtain any advice as to particulars of state law.
The federal Older Workers Benefits Protection Act ("OWBPA") contains several requirements for a valid release. If these requirements were not followed, then the release is not valid. These requirements include 21 days in which to consider the release, 7 days in which to reject or revoke acceptance of the release and advice to consult with an attorney prior to signing. If these requirements were not met, then your husband's former employer did not have him execute a valid release.
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