QUESTION

Question about severance agreement. I am 52 y.o. and being laid off from a management job that is being relacted to another state

Asked on Jun 24th, 2014 on Employment Contracts - Mississippi
More details to this question:
My long term employer was bought by another company earlier this year. The approx 80 employees in my office are being let go unless willing to relocate to another state. Employer has stated they will have us sign a severance agreement before the severance pay will be issued. I am in a management position, have been employed for 24 years, and being offered seven weeks pay. Can I refuse, and sue for an additional amount?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can refuse, and try to negotiate a better package, but it doesn't look to me as if you have much leverage.  What would be the basis of your suit?  Do you have an employment contract which is being breached?  Are you being discriminated against due to your age, race, religion, etc.?  Do you have claims for unpaid wages or unused accrued vacation time? Absent a contract which provides for it, you have no inherent right to severance pay.  Presumably the new company is willing to pay you severance in exchange for something (as well as maintaining a good relationship with its labor force.)  It may have agreed with the prior owners to provide severance.  It will certainly want your release of any claims you may have against your employer.  Based on your age (the same as mine), your new employer may be worried about an age discrimination claim.  Based on your question, however, in which that all employees, young and old, are being let go if they won't relocate, it doesn't seem to me that you have a very good claim.  
Answered on Jun 25th, 2014 at 10:19 AM

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