Recommendation for an Employment Attorney & Severance Question

[Anonymous]

I am a 60-year-old female. After a 30-year career with no performance issues, I was told 3 months ago that my work is being reassigned to younger professionals as part of an overall reorganization. When I pushed back on this reorg, I was told there were performance issues. When I asked why no one spoke to me I was told "you should have known". I was told that I will get a severance package. My final work date is June 30th and since my notice of termination, I have continued to work as the primary client contact and there has been no change in my duties. I want to see my package offer prior to that date, but no one is producing it.

I know there are laws for workers over 40. If they terminate me prior to my agreement to the package, I will have no income and will have to pay for COBRA. Is it reasonable to ask for the package in advance? I think I am entitled to 21 days' notice. Looking for an attorney to help me navigate this situation.

[Anonymous]

I don't have any recommendations nor answers to your questions, but I'm interested in this topic. Is there a pattern such as particular managers going after older workers? I'm seeing that at my place right now and I know of a few older workers who have been bullied-- one pushed out and forced to leave early, not necessarily retire as he wasn't planning to retire-- by the same manager I think is now after me (I'm in my early 50s). It's obvious to me she favors her own handpicked hires who are under 40.

[Anonymous]

This doesn"t sound kosher. First document, document, document. I dont have a recommendation for an atty but find one fast!

[Anonymous]

I'm not sure why you think you are entitled to a 21 day notice. And, severance packages are not required unless you have an actual employment contract and the contract specifies that you get one or you are covered under a collective bargaining agreement that provides for severances. If either of those apply, you should look at the terms to see what you can expect.

You will have sixty days from that date of your COBRA notice to elect, so you can buy some time there if you don't have medical problems that would entail needing to see a doctor during that period.

There are employment laws relating to firing people over 40 - the ADEA does not permit an employer to fire someone wholly or in part due to their age. But, honestly, it's pretty easy for employers to come up with a reason besides age.

If you want a recommendation for a lawyer, you should state your employer's jurisdiction.

[Anonymous]

Anonymous wrote:This doesn"t sound kosher. First document, document, document. I dont have a recommendation for an atty but find one fast!

This, and drag them out into the public when they try to harass you in private. Managers like this bank on private conversations and you keep everything quiet out of fear. I call it the "town square" approach. Bring them into the town square to mess with you, not a private room where they can get nasty and then deny and play DARVO.

[Anonymous]

Heller, Huron, Chertkof & Salzman PLLC. Great guys and they’ve gotten good results for some people I know.

[Anonymous]

Anonymous wrote:I'm not sure why you think you are entitled to a 21 day notice. And, severance packages are not required unless you have an actual employment contract and the contract specifies that you get one or you are covered under a collective bargaining agreement that provides for severances. If either of those apply, you should look at the terms to see what you can expect.

You will have sixty days from that date of your COBRA notice to elect, so you can buy some time there if you don't have medical problems that would entail needing to see a doctor during that period.

There are employment laws relating to firing people over 40 - the ADEA does not permit an employer to fire someone wholly or in part due to their age. But, honestly, it's pretty easy for employers to come up with a reason besides age.

If you want a recommendation for a lawyer, you should state your employer's jurisdiction.

Not OP but I think this is the law:

Federal law gives employees aged 40 and older at least 21 days to review a severance agreement when they’re terminated individually, and at least 45 days when the agreement comes as part of a group layoff or exit incentive program. Both deadlines come from the Older Workers Benefit Protection Act, which amended the Age Discrimination in Employment Act.

I would never go without insurance coverage. Very risky.

[Anonymous]

Avi Kumin at Katz Banks and Kumin.

[Anonymous]

Anonymous wrote:Heller, Huron, Chertkof & Salzman PLLC. Great guys and they’ve gotten good results for some people I know.

+1. They’re great. Sharp, experienced, effective, and kind.
Don’t take anything you’re not allowed to take (ie confidential/proprietaty) but make sure you have copies of all your performance reviews and any other “atta girl”-type emails from your supervisors and from clients. Make sure you have a copy of all the relevant HR policies make sure you have a copy of your job description and info about the people your duties are going to. If you know of any others being pushed out like you are, find out their ages. Print or forward yourself copies of any emails about what’s happening to you now. Before speaking with an attorney, draft up a succinct chronology of events.

[Anonymous]

Anonymous wrote:
Don’t take anything you’re not allowed to take (ie confidential/proprietaty) but make sure you have copies of all your performance reviews and any other “atta girl”-type emails from your supervisors and from clients. Make sure you have a copy of all the relevant HR policies make sure you have a copy of your job description and info about the people your duties are going to. If you know of any others being pushed out like you are, find out their ages. Print or forward yourself copies of any emails about what’s happening to you now. Before speaking with an attorney, draft up a succinct chronology of events.

This.
Attorneys typically get the best result when they can tell the client’s story in a compelling manner, and this type of foundational information makes it much easier to do that.
Help them help you.