I am a 47 year old male
3 months ago my CEO took me to lunch and ask told me my job was secure and not to look for another position. Last week they dismissed me without cause after 6 years of proven success. They have offered a severence package consisting of two months pay. They have a history of giving 3 months to employees that have worked less then one year and have given 6 months and up to a year for others. With legal help can I push them for a better package? I also beleive my termination was age related.
2 answers | asked Aug 4, 2005 12:13 PM [EST] | applies to Georgia
Answers (2)
Employment Severence
1. If you have a written employment contract or agreement with your company, this is the first place to look for termination rights.
2. Most employees in Georgia do not have employment contracts and are deemed "employees at will"
3. Employees at will sometimes find rights to severance if their company has a written employee policy that contains a severance formula, though this is rare.
4. In the absence of a written agreement or other binding contract between the employee and the contract, there generally is no right to severance at all.
5. Employees frequently want to raise race, age or sex discrimination when negotiating severance packages. Make sure you understand the cause of action and that you indeed have good faith evidence (not a mere unsupported subjective belief) that such discrimination has occurred to the extent that you would have at least a colorable claim.
4. It would be impossible for you to really understand the nuances and significant issues that are raised in this reply and an in office consultation with an employment lawyer is likely a good idea. It will cost you anywhere from $150 - $350 to meet with a lawyer for an hour. I would recommend this is money that is well spent.
posted by Brian Pastor | Aug 4, 2005 1:03 PM [EST]
1. If you have a written employment contract or agreement with your company, this is the first place to look for termination rights.
2. Most employees in Georgia do not have employment contracts and are deemed "employees at will"
3. Employees at will sometimes find rights to severance if their company has a written employee policy that contains a severance formula, though this is rare.
4. In the absence of a written agreement or other binding contract between the employee and the contract, there generally is no right to severance at all.
5. Employees frequently want to raise race, age or sex discrimination when negotiating severance packages. Make sure you understand the cause of action and that you indeed have good faith evidence (not a mere unsupported subjective belief) that such discrimination has occurred to the extent that you would have at least a colorable claim.
4. It would be impossible for you to really understand the nuances and significant issues that are raised in this reply and an in office consultation with an employment lawyer is likely a good idea. It will cost you anywhere from $150 - $350 to meet with a lawyer for an hour. I would recommend this is money that is well spent.
posted by Brian Pastor | Aug 4, 2005 1:03 PM [EST]
Employment Severence
1. If you have a written employment contract or agreement with your company, this is the first place to look for termination rights.
2. Most employees in Georgia do not have employment contracts and are deemed "employees at will"
3. Employees at will sometimes find rights to severance if their company has a written employee policy that contains a severance formula, though this is rare.
4. In the absence of a written agreement or other binding contract between the employee and the contract, there generally is no right to severance at all.
5. Employees frequently want to raise race, age or sex discrimination when negotiating severance packages. Make sure you understand the cause of action and that you indeed have good faith evidence (not a mere unsupported subjective belief) that such discrimination has occurred to the extent that you would have at least a colorable claim.
4. It would be impossible for you to really understand the nuances and significant issues that are raised in this reply and an in office consultation with an employment lawyer is likely a good idea. It will cost you anywhere from $150 - $350 to meet with a lawyer for an hour. I would recommend this is money that is well spent.
posted by Brian Pastor | Aug 4, 2005 1:03 PM [EST]
1. If you have a written employment contract or agreement with your company, this is the first place to look for termination rights.
2. Most employees in Georgia do not have employment contracts and are deemed "employees at will"
3. Employees at will sometimes find rights to severance if their company has a written employee policy that contains a severance formula, though this is rare.
4. In the absence of a written agreement or other binding contract between the employee and the contract, there generally is no right to severance at all.
5. Employees frequently want to raise race, age or sex discrimination when negotiating severance packages. Make sure you understand the cause of action and that you indeed have good faith evidence (not a mere unsupported subjective belief) that such discrimination has occurred to the extent that you would have at least a colorable claim.
4. It would be impossible for you to really understand the nuances and significant issues that are raised in this reply and an in office consultation with an employment lawyer is likely a good idea. It will cost you anywhere from $150 - $350 to meet with a lawyer for an hour. I would recommend this is money that is well spent.
posted by Brian Pastor | Aug 4, 2005 1:03 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers