employment and labor law, disability discrimination, FMLA approved absence

In answering this question I am making an assumption that you were presented with a formal buyout package form your employer that was probably prepared by an employment law firm. My experience leads me to assume that you signed a release in which you agreed to surrender all claims under FMLA, the Age Discrimination Act, the Older Workers Act, Title VII, the ADA and the list will go on to include a few other federal laws and state laws in exhange for a monetary payment. If such is the case, you do not have a claim. It is, however, best that you have an attorney review your severance package for a definitive answer.

If you are over the age of 40, any Release of an age discrimination claim under the Age Discrimination in Employment Act, has to comply with provisions in the Older Workers Benefits Protection Act. The employer must attach to the back of the release a list of all employees over 40 who are being let go at the same time as you. The employer must also give you 21 days to review the agreement, and 7 days to revoke it after signing. If the Release does not comply with those provisions, then you can still file a claim for age discrimination (although your other claims may have been released, depending on the language in the Release), and keep the severance pay they gave you. (If you win your case at trial, you will likely have to deduct the amount of the severance from your award.) You should check with an employment attorney in your state -- I am a California-licensed attorney. There are various timelines that apply, so you should talk to an attorney immediately and give that attorney all of the facts that apply to your situation. Good luck.

Alden