Looking for a lawyer (but what do I search for?)

[LuvOrlando]

Sorry this happened, what a. shock it must be. You can always go to the gov with age discrimination if you feel they are ditching you. and others your age because you make too much etc. and it might not work but would certainly disrupt the practice, make 'em think twice before getting too comfy firing all the long timers.

All I can add is if given the option in severance, don't go with annuities get lump sum and invest it however you like because you can create your own annuity. Companies wiggle out of all these liabilities in bankruptcy, lots of people lost pensions & money this way in the early 2000's as the businesses detached and moved jobs overseas, courts supported it, protect yourself.

 

[mom2rtk]

I'm so sorry Sam. That's a huge blow. Just want to say that if your financial situation changes much and you have a student in college, you should contact the financial aid office to see if there's anything that can be done to help.

 

[sam_gordon]

Thank you all for the kind wishes. I do not think it is age discrimination. I don't want to get into too much detail of what I think (at least not yet). One concern of mine is they don't have to offer me the severance. So if I "make waves", that offer can be pulled. And I don't think the offer is an insult. Not awesome, but probably reasonable.

 

[sam_gordon]

I'm so sorry Sam. That's a huge blow. Just want to say that if your financial situation changes much and you have a student in college, you should contact the financial aid office to see if there's anything that can be done to help.

One just starting college this year and another two years away.

 

[White Cat]

Thank you all for the kind wishes. I do not think it is age discrimination. I don't want to get into too much detail of what I think (at least not yet). One concern of mine is they don't have to offer me the severance. So if I "make waves", that offer can be pulled. And I don't think the offer is an insult. Not awesome, but probably reasonable.

Thank you all for the kind wishes. I do not think it is age discrimination. I don't want to get into too much detail of what I think (at least not yet). One concern of mine is they don't have to offer me the severance. So if I "make waves", that offer can be pulled. And I don't think the offer is an insult. Not awesome, but probably reasonable.

Sorry this is happening. It’s wise to have an 8 page document reviewed. And yes they could with draw if the company feels waves are being made. They would figure a lawyer would be involved any way at that point. My guess is they have given you a date to sign before.

 

[DLgal]

Thank you all for the kind wishes. I do not think it is age discrimination. I don't want to get into too much detail of what I think (at least not yet). One concern of mine is they don't have to offer me the severance. So if I "make waves", that offer can be pulled. And I don't think the offer is an insult. Not awesome, but probably reasonable.

Not a lawyer, but in my opinion, if you don't think anything illegal has happened, and you think the severance offer is fair, take it and walk away. File for unemployment while you look for another job. 32 years is a long time at one employer, and it's clear your time there is done. Move on to bigger and better things. Good luck moving forward.

 

[kdonnel]

Good luck in the job search.

I got laid off after 27 years almost 3 years ago.

The idea of searching for a job was terrifying. I felt like I had been institutionalized and that my skill set was so focused on the job I had been doing for the past 27 years I wasn't sure if my skills were really worth what I was getting paid.

I won't lie, the job search process was hard and humiliating. I would submit myself for a dozen jobs and in the end only hear back from 1 or 2 of them. I had so many phone screenings and interviews that I would feel went well and then never hear anything again. I had so many phone screenings and interviews that I knew went horrible.

In the end I got an offer just days before Christmas and was able to relax and enjoy the time off until my start date in early January.

Everyone kept telling me to enjoy the time off, it would be fine, but it is so hard to enjoy the time with all the uncertainty.

I got 26 weeks of severance and was getting paid by my new job in 2 1/2 months. The company policy was 1 week of severance for each year of service with a max of 26 weeks of severance. In the end it worked out great. I was able to put away a substantial amount of money without any real interruption of my lifestyle.

Just a year and a half later I started the job search again. I just wasn't happy at the new job and was no longer terrified of the job search process. It is much more relaxing looking for a job while you have a job. I love my current job. Moral of the story is don't be afraid to look again if you find a job and are unhappy or unsatisfied.

Again, good luck!

Edited to add: I too had one in college and one that would soon be starting college. It certainly adds to the stress but I believe it will work out for you just like it worked out for me.

 

[sam_gordon]

Not a lawyer, but in my opinion, if you don't think anything illegal has happened, and you think the severance offer is fair, take it and walk away. File for unemployment while you look for another job. 32 years is a long time at one employer, and it's clear your time there is done. Move on to bigger and better things. Good luck moving forward.

Monetarily I think it's fair. There's some other terms I'm not sure about.

 

[DLgal]

Monetarily I think it's fair. There's some other terms I'm not sure about.

Can you maybe ask around to anyone you know who has been laid off and see if the other things are "normal"? I imagine after 32 years, you may not be completely knowledgeable about what is typically included in the terms of a layoff. Maybe posting more info here, anonymously, will get you some more targeted advice.

Or just go ahead and hire the lawyer if that will make you the most comfortable and you have the money to do so.

 

[nw6675]

I worked for many years for a Fortune 100 company. Not only did they assist in job placement, but the severance was still applicable regardless of accepting a new position before the "end" date. I realize all companies are different and you need your own specific answer, but wanted to mention that there are companies that won't ding you for being proactive in taking care of yourself and future.

 

[Pea-n-Me]

Just wanted to say sorry you’re going through this, Sam.

Courts don’t look favorably on retaliation by employers. Not sure that’s what it would be if they take something away from you because you “made waves”, but it could be seen that way (by a judge and jury.) You have rights.

Thought this was insightful.

https://www.nachtlaw.com/articles/before-you-sign-the-skinny-on-non-competes-and-severance-packages/

”you should not fear that the company will withdraw its offer if you ask to run it by an attorney first; on the contrary, well-run businesses expect savvy workers to reference an attorney regarding such matters.

​

 

[sam_gordon]

Just wanted to say sorry you’re going through this, Sam.

Courts don’t look favorably on retaliation by employers. Not sure that’s what it would be if they take something away from you because you “made waves”, but it could be seen that way (by a judge and jury.) You have rights.

Thought this was insightful.

https://www.nachtlaw.com/articles/before-you-sign-the-skinny-on-non-competes-and-severance-packages/

”you should not fear that the company will withdraw its offer if you ask to run it by an attorney first; on the contrary, well-run businesses expect savvy workers to reference an attorney regarding such matters.

​

The company suggests I run it by a lawyer. That's not what I'm referring to by "making waves". It's if I try to negotiate the terms will they withdraw the offer. I really have no power in the negotiations.

 

[tvguy]

The company suggests I run it by a lawyer.

That was the same in my cases. Let us know if you end up going to a lawyer, what they did, and if they charged you.

 

[tvguy]

This one is seven pages. Eight counting the signature page.

Legal documents don't need to be long to be legal. When I sold my mom's house in 2013 it was in a trust that was set up in 1974. Title Officer flipped out because it was literally two pages long. He was concerned it wasn't legal. He faxed it to their lawyer, who was apparently a guy in his 70's. He called and said......."yup, that's perfectly legal. That's what trusts used to look like before lawyers objected to the County allowing people to file their own trust forms for free".

 

[GAN]

Monetarily I think it's fair. There's some other terms I'm not sure about.

Absolutely look for a lawyer. Not only will they make sure the terms are spelled out correctly -they’ll make sure that they are FAIR and you get what you deserve. It’s hard to determine what you deserve, a good lawyer will understand how to get that for you. Years ago my wife had an inkling that something wasn’t “right” at work, so she spoke to an attorney before it all went down. As soon as they laid her off, she walked out the door and a fax was sent to her HR Department ….they ended up settling for SIGNIFICANTLY more money than the proposed terms. Her situation is probably different than your own, but the moral of the story is do your due diligence -you owe it to yourself. If you know any general attorneys, ask them if they know someone that handles a lot of employment cases …they usually know who the players are based on specialty. Best of luck!

 

[tvguy]

Absolutely look for a lawyer. Not only will they make sure the terms are spelled out correctly -they’ll make sure that they are FAIR and you get what you deserve. It’s hard to determine what you deserve, a good lawyer will understand how to get that for you. Years ago my wife had an inkling that something wasn’t “right” at work, so she spoke to an attorney before it all went down. As soon as they laid her off, she walked out the door and a fax was sent to her HR Department ….they ended up settling for SIGNIFICANTLY more money than the proposed terms. Her situation is probably different than your own, but the moral of the story is do your due diligence -you owe it to yourself. If you know any general attorneys, ask them if they know someone that handles a lot of employment cases …they usually know who the players are based on specialty. Best of luck!

Certainly good advice. In my case our location was sold and merged with another station the new owner already had in the same city. They terminated 59 of 120 employees in the first six months they owned us. I was number 57 let go. They had a severance policy in the handbook and everyone let go got the same severance.
1) If you had been with the company 15 years or less, you got one week of pay for every year you worked there.
2) If you had been with the company more than 15 years you got two weeks of pay for every year you worked there, (I had been there 16 years)
3) They would not contest your unemployment filing.
4) You had to agree not to take any legal action against them.

The attorney I used said given the number of people let go with the exact same terms, it would be hard to argue age discrimination ( I was 48 and the oldest person laid off was 78) and he cautioned that there is always a risk with legal action impacting your ability to get another job. I took the money and was lucky enough to get another job offer 2 hours after being let go. I was "unemployed" for 4 days while my drug test and background check were processed.

 

[sam_gordon]

That was the same in my cases. Let us know if you end up going to a lawyer, what they did, and if they charged you.

I've talked to two lawyers. Technically three, but he called when I was tied up, said he would call back the next morning and never did. Both of the lawyers charge by the hour. No offer for a free consultation. Anticipated to take about two hours, maybe two and a half. I've contracted with one lawyer. He has the documents. I'm waiting for him to review them, then have a discussion about things.

 

[tvguy]

Your former employer does things much differently than a lot of companies based on the stories you have told us.

How is it you know what most lawyers do? It certainly isn't unethical to charge for reading a document no matter what opinion they offer on it.

Actually, it's the norm in the broadcast industry. Didn't used to be that way, but times change.
My MIL was business manager for a Law Firm so I have a little insight into how they bill. Their consults are like the free estimate you get from a contractor. It doesn't generate income, but lead to additional work that is their core business.

 

[Allison]

Actually, it's the norm in the broadcast industry. Didn't used to be that way, but times change.
My MIL was business manager for a Law Firm so I have a little insight into how they bill. Their consults are like the free estimate you get from a contractor. It doesn't generate income, but lead to additional work that is their core business.

What is the norm?

 

[soccerdad72]

I've talked to two lawyers. Technically three, but he called when I was tied up, said he would call back the next morning and never did. Both of the lawyers charge by the hour. No offer for a free consultation. Anticipated to take about two hours, maybe two and a half. I've contracted with one lawyer. He has the documents. I'm waiting for him to review them, then have a discussion about things.

Good luck Sam - sorry you're having to go through this right now.