Age discrimination or ?

As a Regional Sales Manager, I was let go from my company (Philips Medical Systems North America) five and half years ago. We were downsized, managers were cut in half. Of all the regional managers I was in the position the longest. I was Regional Manager of the Year and top producer for many years. When I was let go in ~May of 2003, I was the leading also that year.

I was given a chart showing the bell shaped curve of all positions cut within the company, I guess to show how the company cut evenly across the board. Two years prior I was invited to attend a special training session, for managers and key sales people, because we were going to lead the future of the company. Basically, we were told to cut the lower 10-20% of our sales people based on performance. In addition, we were told to look at our people based on will they fit within Philips in the next 5 to 10 years.

Knowing that, I feel they looked at my position the same, at age 54 would I be around 5-10 years more? I also was probably paid the highest base salary along with commission/bonus. I was with the company 17 years. Our company Advanced Technology Laboratory, was purchased by Phillips Medical Systems ~1998.

I had to sign a letter that basically said if I were to take the severance pay (~$75,000) that I would not take any legal action. If I took legal action, I would not receive the money. They did offer that I could apply for any other position, which would have required a move to what ever position I could find (which would not be management) We also had a rule of 75, that would then also cover health care during retirement.

I did apply at several other companies, with no offers, which again I feel was based on age. So, I began selling residential Real Estate since.

My question is, can I sue for age discrimination or ? . Will it be worth my time and money or the chances are minimal against a company that is quite large?
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Answers (1)

Kennard Neal Friedman

Kennard Neal Friedman

Contributor Level 5
This answer is limited to the opinion that it appears to be too late to sue and that, even if it were timely, you appear to have waived your claims.

You asked if you can sue Phillips for Age Discrimination based on termination 5 and 1/2 years ago after signing a severance agreement. The answer is no. Discrimination claims must be filed with a federal or state agency within 300 days of alleged discrimination. You have missed the opportunity to file. However, you have also said that you waived your claims. You have represented that the severance agreement included a substantial payment to you and a promise not to sue.

If you have ANY question about the timing issue or the severance agreement, you must consult an attorney IMMEDIATELY as other statutes of limitation may apply.
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