Legal Question in Employment Law in Texas

today i was given a layoff notice from my hospital hr director. there was a one month severance payment package. there was also a notice in there for me to seek legal council before signing the agreement. i wasn't sure why they would tell me to check out a severance package if im going to be let go anyway? is it because im a veteran, or im part american indian and their worried that i might sue over a protected group discrimination? or is this just a standard thing for corporate to ask? (ive never been offered a severance package before.)


Asked on 4/08/10, 9:11 am

2 Answers from Attorneys

It's pretty standard to do so. This way, you can't come back later, claiming you were forced to sign it, didn't understand it, etc. Besides, it's always a good idea to have the agreement reviewed by a lawyer you trust, just to make sure you understand what you're signing and the legal implications.

Dave

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Answered on 4/13/10, 9:18 am
Joe Gilbreath The Gilbreath Law Firm, PLLC

Separation agreements and releases of claims under the Age Discrimination in Employment Act (ADEA) are not valid unless they comply with the technical requirements of the Older Workers' Benefits Protection Act of 1989 (OWBPA). These agreements must, among other requirements, advise the employee to seek the advise of an attorney. When a release does not follow the OWBPA requirements, the employee may keep the severance and sue under the ADEA. So yes, it is standard for employer�s to include such clauses in separation agreements and releases of claims.

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Answered on 4/14/10, 2:43 pm


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