My question involves labor and employment law for the state of: CA
My former employer offered a severance agreement (not signed) that had 45 days for consideration and mentioned an exhibit A stat data set would be provided as per OWPA/ADEA. However, when I inquire they said they made a mistake using the group layoff form and updating it to remove that line.
So can they just update it to be individual and then also drop it to 21 days (since 45 days is only for group) even though already two weeks have passed since termination?
This is the second time they are updating the agreement the first time they used the wrong state (not CA). Seems a bit sloppy.
The whole termination/layoff is a bit fishy. I had just returned back from FMLA leave and I was placed on a performance improvement plan citing I was not performing as expected, citing a couple incidents that happened while I was out.
They gave me 21 days to "improve" or face further discipline including termination. At the end of the 21 days they concluded that the "quality" was not sufficient and they would move to termination.
I countered that it smelled like FMLA retaliation since I had a performance review a week before the start of the leave and it was perfectly fine. I showed it to HR who then updated the reason for termination as a layoff thus the performance review is not relevant.
I now as bring up possible OWBPA concerns but seems they "accidentally" had it as a group layoff instead of individual so the additional rules (like the stat data set) no longer applies.
I did find out from an insider that confirmed my suspicion that while i was out on FMLA they already determined to let me go and hire someone else. In fact that person started right before I came back of course someone that was younger and cheaper than me.
Mean and evil yes, but as I understand nothing strictly illegal or maybe?
I'm trying to understand if there's any FMLA retaliation claims or Age claims (I'm over 40).
1) For FMLA they claim it's layoff so no retaliation and just business.
2) For Age can that also just be layoff too? Does it matter if someone younger (less than 40) has hired to replace me -- although according to severance it was a layoff so the position was "eliminated". Even though there's an email trail saying the contrary.
They are currently offering 3mo w/ benefits but been pushing to try to get to 4mo but they won't budge even saying they would likely fight if I filed.
I'm bit at the break-even point where getting a lawyer involved would likely only get me a couple months (since I have an arbitration clause plus contingency gives up 1/3 reward).
On principle hate to walk away but from economics not sure if it adds up to fight this.
Love to hear people's thoughts.
Thanks!
My former employer offered a severance agreement (not signed) that had 45 days for consideration and mentioned an exhibit A stat data set would be provided as per OWPA/ADEA. However, when I inquire they said they made a mistake using the group layoff form and updating it to remove that line.
So can they just update it to be individual and then also drop it to 21 days (since 45 days is only for group) even though already two weeks have passed since termination?
This is the second time they are updating the agreement the first time they used the wrong state (not CA). Seems a bit sloppy.
The whole termination/layoff is a bit fishy. I had just returned back from FMLA leave and I was placed on a performance improvement plan citing I was not performing as expected, citing a couple incidents that happened while I was out.
They gave me 21 days to "improve" or face further discipline including termination. At the end of the 21 days they concluded that the "quality" was not sufficient and they would move to termination.
I countered that it smelled like FMLA retaliation since I had a performance review a week before the start of the leave and it was perfectly fine. I showed it to HR who then updated the reason for termination as a layoff thus the performance review is not relevant.
I now as bring up possible OWBPA concerns but seems they "accidentally" had it as a group layoff instead of individual so the additional rules (like the stat data set) no longer applies.
I did find out from an insider that confirmed my suspicion that while i was out on FMLA they already determined to let me go and hire someone else. In fact that person started right before I came back of course someone that was younger and cheaper than me.
Mean and evil yes, but as I understand nothing strictly illegal or maybe?
I'm trying to understand if there's any FMLA retaliation claims or Age claims (I'm over 40).
1) For FMLA they claim it's layoff so no retaliation and just business.
2) For Age can that also just be layoff too? Does it matter if someone younger (less than 40) has hired to replace me -- although according to severance it was a layoff so the position was "eliminated". Even though there's an email trail saying the contrary.
They are currently offering 3mo w/ benefits but been pushing to try to get to 4mo but they won't budge even saying they would likely fight if I filed.
I'm bit at the break-even point where getting a lawyer involved would likely only get me a couple months (since I have an arbitration clause plus contingency gives up 1/3 reward).
On principle hate to walk away but from economics not sure if it adds up to fight this.
Love to hear people's thoughts.
Thanks!
Discrimination: Layoff: Possible FMLA and Adea Issues
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