can I still sue, if I signed a serverance agreement

I signed a severance agreement 4 weeks ago; I worked for the company for 30 years. They said it was head count, but I know the HR lady really disliked me. My severance was for 6 months, and to carry my dental, eye, and health insurance. I got a notice the next week that my insurance was cancelled, I called the HR office and they told me my insurance ended on the day that I was terminated. I cut up all my cards, then I reread my severance, and I called the HR lady and she said that she was sorry, and would get it reinstated. I still have not got my benny card(which is money that is on a card for deductables). Is there any legal action that I can take? All of my insurance has been reinstated, but getting my card and the incovienance.

2 answers  |  asked Dec 3, 2012 4:34 PM [EST]  |  applies to Pennsylvania

Answers (2)

Doris Dabrowski
An employee may sue to enforce the terms of the severance agreement itself. A claim for reinstatement of a health benefit plan governed by the federal Employee Retirement Income Security Act (ERISA) does not allow for damages for inconvenience.

posted by Doris Dabrowski  |  Dec 4, 2012 08:00 AM [EST]
Harold Goldner
If you signed a standard Title VII Release and Severance Agreement, then you still have the right to file a charge of discrimination with the EEOC or the Penna. Human Relations Commission, but in all probability your "remedies" are limited to those already paid under the package, and you might even have to repay them. You can't just file suit, and no, you can't file suit for "getting the card and the inconvenience."

posted by Harold Goldner  |  Dec 3, 2012 7:35 PM [EST]

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