Serverance and age discrimination

On the morning of September 18, my immediate supervisor told me of his decision to replace me with a younger and lower salary individual. After this discussion I was paid up to date and told to leave right away. Most galling is the fact that the company had hired me away from a good job with another company only seven months earlier. The local company officers refused to pay severance. Subsequently, I discovered that the company has a history of paying severance. Checking into my eligibility with the headquarters, they informed me that their records indicate I left voluntarily and therefore I am ineligible for severance pay. Can a lawyer help me receive severance pay and do you think the company discriminated against me because of my age, 44 years?

1 answer  |  asked Oct 24, 2001 11:10 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
severance is not a right

if your supervisor misrepresented your termination status, you may be able to collect some severance pay; however, with only a seven month employment, it likely will not be much.
the harder question is age discrimination. if a motivation for the termination was your pay, and your pay is somehow related to your age, it is possible the company violated recent amendments to the fair employment and housing act.
if the company misrepresented the terms and conditions of your employment when they recruited you from your previous employer, and you had to move to accept the new position; or if they recruited you for anticompetitive reasons, you may have a claim over that as well.
your case requires in-depth analysis by an attorney experienced in employment law. if you live in southern california, please call me for a free telephone interview.
janet koehn

posted by Janet M. Koehn  |  Oct 25, 2001 10:17 AM [EST]

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