My job was eliminated after 7 years of employment for no reason. A month later, I was replaced by a 22 yr old college graduate who was given a different title. I am 65 yrs. old and I feel I was replaced due to my age. I signed a Separation Agreement that stated I could not open any claims or my severance would not be given. Do I have any grounds for a unlawful separation?
2 Answers from Attorneys
It depends on what is in the separation agreement, sometimes separation agreements have provisions that enable you to pursue certain claims under title IIV. Further, it depends on when you signed the agreement. Some agreements, under Connecticut state law are revocable within a certain time period after they are signed. Once that time period passes, they become irrevocable. I strongly recommend that you have the agreement reviewed by an attorney.
William J. Lasko
Attorney at Law
More specifically, there may be provisions in the seperation agreement that still enable you to bring an age discrimination claim, even if you executed the agreement. Further, under state law, there is a statory period even if you have signed the ageement, that you may still revoke said agreement.
When clients come to me with a seperation agreement that has a specified deadline, routinely I will ask for an extension of the deadline from the employer and request the personnel file of that employee to determine if there are any other issues that may impact on that employee's rights agaisnt the employer for any unjust treatment.....which may have signficance on an potential action brought by the employee agaisnt the employer.