Legal Question in Employment Law in Minnesota

Downsizing-age issues

I'm not sure where to start, but I work for a company that went from a mutual to stock co.and has been lying people off for years now. Many, unknown to the outside environment and off shoring jobs and so on. I'm now a little over age 48 and believe I'm next and will get a nice severance and medical pkg and so on, but I can't draw my penion for like 6 or 7 yrs. When they want to avoid issues, they do a job elimination and others they do a ranking, many of which are subjective and often made on likes vs dislikes. I fear retaliation, so fearful to even send this.

I've been running in fear for a while now, but now see it coming and want to make sure I don't forefeit my rights, as the way you receive severance is to sign a waiver revolking any rights or actions against employer. I wanted to work to age 55 or so?, should I sign and move on, nogotiate options of a better deal or what.


Asked on 9/08/04, 10:29 am

1 Answer from Attorneys
J. Chris Carpenter Harvey and Carpenter

Re: Downsizing-age issues

It is difficult to answer this question without having a copy of the proposed severance agreement. When you sign a severance agreement you give up all your rights to challenge the company on the basis of age discrimination or any other basis for wrongful terminations. I would be very cautious and have the agreement reviewed by your attorney before you sign anything.

One option for you would be to complain to the EEOC that they are eliminating positions on the basis of age, but there needs to be a showing that it is due to your age, rather than just because older workers are paid more.

If the company tries to oust you by giving you negative reviews, there

are some remedies to challenge those negative comments. I would need

to see your handbook to see if any of those remedies would be available to you.

I would be happy to sit down and talk to you about this, I do a free initial consultation.

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Answered on 9/20/04, 4:43 pm


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