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I am also over 40 and talked with a lawyer in CA who told me without a strong case it was unlikely to go far. However I was able to negotiate a higher severance based on some of her tips. Know if you proceed with a case they may settle to avoid a trial but lawyer will take a third of what you get.
It was a paltry severance for my tenure and title, but yes I was able to double it and get extended health care benefits for another month. I also had them throw in a career coach/placement service and it helped some for improving my resume, etc. If you don’t fight it, you should definitely negotiate the severance
I havent but know people who have. The agency almost always pays them off to go away. They don’t want the publicity. But know you are burning a major bridge and will never work for that agency/holding company again. And you’ll be known as the one who sues your company, so others may shy away from hiring you as well
Most states are “at will”; meaning employers can fire you for any reason. Unless you’re a protected class you probably don’t have a case.
It’s worth a chat with a lawyer. I had a phone convo once with one after I was laid off, didn’t even cost me anything, and gave me an idea of my options
Very difficult to win legally. They can always say they are “headed in a different direction creatively,” but if you have the connections you could win in the trades / PR, assuming you’re willing. Sad but likely true.
If you are a protected class and they also lay off someone not in a protected class it voids your claim. Chances are some poor junior loses their job just so you can't sue. At least that's the holding company way.
All lawyers think they have something-that’s how they make money- not you
Interesting topic. 👂🏻
What do you do or say when you walk in a surprise HR/boss “chat”?
Most sign that away with their severance 💰
It’s near impossible to sue a company in at will states, unless you have documentation of a manager calling you out as an out of touch senior citizen (if you’re over 40). Just feeling wronged doesn’t wash.... and it’s sadly par for the course.
I think it depends on why you were fired. If it was definitely for an illegal reason, I’d look into it.
Most employment lawyers hate age discrimination cases. I had a lot of evidence for one but was told by multiple lawyers that unless a direct supervisor or high level exec said or wrote something specifically saying an age related slur that there was no case. I told them how the president told leadership the shop needed to get younger staff in there but said that wasn’t egregious enough.