did any "older workers" (lol) retain an attorney to review the Agreement & Release prior to signing once you were displaced?
it seems pretty straightforward - sign it or you don't get severance - but i see several places where they are encouraging an attorney review.
curious if its worth the money and effort
13 replies (most recent on top)
Standard default disclaimer just like “talk to your tax professional “ so they can say “we told you to review before signing. Not out fault if you didn’t”. It’s a hard argument of age discrimination if they let all categories of people go in your area. Wells isn’t stupid
“Had a yearly check-in with my employment lawyer (usually on matters of previous age discrimination lawsuit we are winning against a previous non-bank employer of mine.)”
I know a guy who can get you a good deal on a bridge
You have no remedy unless you can prove age, race, disability, or whistleblower protection. That is a high bar to grab. Very little point having a lawyer the severance agreement unless you plan making a counter offer or file a complaint. If you summons the bank you are not getting paid severance and could even be terminated at-will for cause.
Had a yearly check-in with my employment lawyer (usually on matters of previous age discrimination lawsuit we are winning against a previous non-bank employer of mine.)
Had him review the severance agreement. He asked me if I had any grievances that I had documented. If my work accomplishments were documented. My grievance was that I felt I had been underpaid for the last 7 years of my 11 years at the bank. My lawyer was mad at me for not telling him this 7 years ago. Lesson learned. Employment lawyers work best on age/wage discrimination cases before you get laid off. If you are old and feel that the bank is not giving you the wage matching the job or bonuses then consult an attorney. But after the layoff, you have to prove that there is no "rif Plan" in place. Now my severance agreement had an accompanying list with ages of employees laid off with me. My lawyer was impressed with this. With a plan (or a resemblance of a plan) in place presents a hurdle.
Got laid off at age 55 this year, didn't have a lawyer look over it. I figured WF's legal team wasn't worth trying to fight even if I felt it was necessary.
You will find many precendents in court cases that were one because the companies required you to sign the agreement immediately. It was determined by the courts that you had signed under duress waiver not to sue was deemed invalid. It was just age specific but any reason a suit might be brought. WF now advices you have an attorney review the agreement and gives you ample time while still employed (the 60 days) to rescind your signature. thus the duress defense is eliminated. Did you really think WF gives us 6o days working notice on top of the severance to be nice. It was 30 days working and 30 days non working until CA raised their holding requirement to 45 days.
The 60 days just cover our bu*t.
Nope, just signed it and took my severance. The House always wins, so why bother?
- sigh *
I didn't care..............I went into retirement 'peacefully'.
Cheers!
@zci+1uySFHo4 Exactly. Lots of anon posters will certainly demand folks “lawyer up” and spout claims of successfully “winning a case” but zero facts to back anything up. Even if an NDA were to be signed, a vpn here, public access computer there and you could post a link to a county courthouse docs page and find a case and no one will ever know.
Them suggesting you to have an attorney review it is just more bu+t covering for the company - so you can’t later say “I didn’t know I should have had an atty review this”.
That said, it’s been asked lots of times on here if anyone knows of any case where someone challenged the layoff legally (I.e. forfeited signing severance to pursue legal action) and haven’t seen anything.
Why bother. If you’re older and have been here a while take the severance and move on. I’m sure they have severance agreements reviewed by legal.
The longer I’m here the more I’d wish they’d just give me a package.
I am also an older worker who was laid off. It looks like there are some things tied to EEOC that cannot be waived. It might be worth seeing if free legal aid will look at it.
This is an article about recent changes: https://www.cnn.com/2023/02/26/success/severance
...of a recent decision by the National Labor Relations Board to prohibit employers from requiring laid off workers to sign certain types of non-disparagement and confidentiality clauses if they want to receive severance.
Also,
Claims
Typically, claims under the Age Discrimination in Employment Act (ADEA), which prohibits employers from discriminating against employees who are 40 years or older because of their age, cannot be waived unless certain requirements are met. Waivers of ADEA claims in severance agreements are only enforceable if the employer, in addition to meeting other requirements, gives the employee at least 21 days to consider the waiver (and at least 7 days to revoke it) and advises the employee to consult an attorney.