Do I go for an age discrimination lawsuit or accept the 4 month severance package?

I was recently separated from employment because I followed a directive from the GM, the HR director, and my immediate supervisor (he sat in all the meetings). I was instructed to tell my managers to target union performers and manage them out...or else. Corporate HR got called in, I was the scapegoat (even though all my managers told corp. that my boss told them to fabricate reasons and lied about being in the meetings). The company kept the GM, the HR person and my boss because "they" made mistakes and they were going to work with them. I got let go even though I had emails proving they got copies of the "hit" list and follow up. I am 44, with the company for 14 years....the others are under 35 and with the company 6 years or less. I spoke to an employment lawyer who said I have enough to file a complaint with the EEOC. I am really stuck as to which way to go...severance with guaranteed income for 4 months or lawsuit. (sigh)

Hi Cindy,

how much do you trust your lawyer? Or ANY lawyer?

In my experience companies that 'let go' staff will be able to afford high power lawyers of heir own and will certainly not mention (in court) anything about you being let go because of age. That is against employment law and you have to realise they would not admit this in court.

Even you do not say they sacked you because of your age (merely adding that you are 44 and the rest of them are younger) so how do you prove they sacked you because of your age?

Short answer...it is VERY difficult to prove this. They would merely say they sacked you because you were inefficient, argumentative, dispruptive, resistant to change or some other 'fault' which resulted in them 'letting you go'.

If you REALLY trust your lawyer then the financial reward of a legal fight may be higher...if not, then you know what to do.

I find it difficult to believe that your age is really the reason they sacked you (after all in 9 years they'll be your age themselves) but if you feel it is the reason and your lawyer is confident, then go for it.

I always find the term 'let go' a bit offensive. After all, in your case, you didn't want to go, did you? The phrase makes it sound like it was all your idea and they 'allowed' you to leave them.

Good luck whatever you decide. Hopefully your next job will be more satisfying and have less stress.

Cheers,
BobSpain

Go for the severance pay rather than suffer the agony of a lawsuit.

I think you could win the case but I am not sure what you would end up with. They sound like they are trying to get rid of the higher paid employees and you must be one. Unless you signed some kind of contract saying they could not let you go without cause then you could leave or they could let you go at each others discretion. I would take the 4 month's pay and find a job quickly and then that will be your extra income for whatever you want. I would think with 14 years experience you should be able to find another job quickly.