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Rights for people over 40 years of age who are facing a layoff

A Los Angeles resident who is over 40-years-old probably gets even more stressed out about the possibility of a layoff or other termination than would a younger employee simply because, despite the laws preventing age discrimination, it can be harder for an older worker to find another job after being let go. Nevertheless, when faced with a pink slip and handed a severance agreement, many employees over 40 years of age will wind up signing the document, even it means giving up their right to sue their former employers.

Perhaps because of the possibility that people over 40 years of age might feel pressured into signing a severance agreement that is not in their best interests, California employers, like other employers nationwide, have to give some additional information and satisfy some additional requirements when laying off an older employee and trying to entice them into signing an agreement.

Probably the most noteworthy of these additional requirements is that an employee over 40 years of age must have at least 21 days to consider the severance offer, with the clock starting again if the offer gets changed in any significant way. Moreover, employees also have seven days after signing an agreement to change their minds and revoke the signature.

On a slightly lesser note, the agreement must specifically allude to the possibility of their being an age discrimination claim and must also recommend in writing that the employee speak with an attorney. Speaking with a qualified California employment law attorney is, of course, a good idea when faced with any severance agreement, but it is particularly important when the employee being terminated is over 40 years of age.

Post Type: TOPICAL

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Law Offices of Allan A. Sigel, P.C.

Law Offices of Allan A. Sigel, P.C.
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Los Angeles, CA 90024

Toll Free: 800-651-0702
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