I was recently laid off from a company I served for over 25 years.
They offered me a severance and I had to sign off that I would not sue for age discrimination to put it very simply. The company has had to pause on my payments due to its financial situation and I have not been paid in over four weeks. I have reached out to the organization asking if they can give insight on the length of this delay so I can plan however they will not respond to me. I have filed for unemployment and they have denied the claim. What are my rights?
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Anonymous
I'm really sorry to hear about the difficulties you're facing after such a long tenure with the company. It sounds like you're navigating a complex and frustrating situation.
1. Severance and Legal Agreements:
You mentioned signing an agreement that waived your ability to sue for age discrimination. It's important to understand that such agreements are common in severance packages but may be negotiable. If you believe that age discrimination was a factor in your layoff, it might be worth consulting an employment attorney to see if there are any legal options, especially if you haven’t received payments as agreed.
2. Unpaid Severance Payments:
If the company is delaying payments due to financial issues, you still have rights to your severance. You may want to check your severance agreement to see if there are any clauses regarding delays or non-payment in the event of financial difficulty.
If the delay becomes a hardship, consider filing a complaint with the Department of Labor or seeking legal advice on how to enforce your severance agreement.
3. Unemployment Claim Denial:
It can be frustrating to have your unemployment claim denied, but it’s not uncommon in some circumstances. Typically, unemployment is denied when the individual voluntarily leaves their job or is fired for cause.
If your claim was denied, you should have received a written explanation. You can appeal the decision, and depending on your state, there is usually a process for this. It may be helpful to contact your state’s unemployment office for guidance on how to proceed with the appeal.
4. What to Do Next:
Consult an Attorney: If you feel that your age discrimination claim has merit, consulting with an employment lawyer could help clarify your options regarding both the severance delay and your potential discrimination case.
Contact the Department of Labor: For unpaid severance or other compensation, you may have recourse through the Department of Labor or your state's labor office, especially if the company is failing to meet its obligations.
Document Everything: Keep a record of all communications with your former employer, including requests for payment and unemployment claims. This documentation could be important if you pursue legal action.
It’s understandable to be upset and uncertain during this time, especially after such a long commitment to the company. While it can feel overwhelming, there are steps you can take to protect your rights and potentially resolve these issues.
Anonymous