California  |  Discrimination Law

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3/08/09, 2:15 pm

Legal Question


Employment Law

I am faced with a decision, hoping someone might give some input. I have worked for a large auto-motorcycle manufacturer/distributor for 30+ years. Voluntary Separation Plan has been offered to the entire division, which includes one year salary + $1000 per each year of service. I am 55, therefore can retire at a reduced pension, however I am not prepared to retire at this time. The VSP states it is voluntary, however it also states if I don't take it, there is no guarantee of a job or current salary or same position. The cover letter given to all employees states there are no guarantees about future employment. The contract itself states that you have not been pressured and are leaving under your own free will (If that isn't pressure, I don't know what is). If I do not take the VSP and retire, would there be any recourse if I was laid off after the fact. Does seniority and years of service/experience come in to play? If they let me go, could it be considered age discrimination?

Thanks for your advise, I need to make this decision within the month.


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