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lay off
Los Angeles, CA
Viewed 305 times.
Posted about 1 year ago in Employment / Labor
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I am a professional working for a Public agency (a City in Southern California). My position was cancelled and therefore I was laid off from work. I was offered a severance pay of 2 weeks and 2 more weeks pay if I sign a release waiving my rights to sue the city. I want to know if there is a base to sue my employer to get more money for cancelling my position or should I accept the extra 2 weeks pay.
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Answers (2)Donald W. Heyrich
This attorney is licensed in Washington.
Posted about 1 year ago.
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You should not sign the release if you plan to go forward with a legal action to contest your layoff. But, of course, the risk you would be taking is that you lose the offer for two week's pay. A lawyer will not be able to tell you that you are certain to get more if you press on; he or she will only be able to tell you whether that is a possibility, and perhaps some factors that would influence your chances of prevailing or obtaining a better settlement and the potential ranges of a settlement or judgment. You would then decide whether you want to give up the sure and certain payment being offered in exchance for the speculative endeavor the attorney explains about your legal options. That being said, I can only give you this general guidance because there is not enough here to give any information about potential legal claims. Some relevant questions an attorney would want to discuss with you include: Are you in a union? Is there any evidence that the decision is influenced by race, sex, disability, or some other prohibited factor? Are there any civil service laws that prohibit the employer's actions? Were you in a probationary period? All of these affect whether there could be any viable legal options. Hope this helps. -Don
Lawrence Neil Rogak
This attorney is licensed in Colorado and 1 other state.
Posted about 1 year ago.
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I will just add this little bit to the previous excellent advice: because you were working for a muncipal agency and your position was eliminated, it sounds like there was no discrimination involved. Unless you have reason to believe that you have some contractual rights that entitle you to more than the extra two weeks pay, or that your job elimination had anything to do with discrimination based on race, gender, disability, or other protected status, then take the extra two week's pay. If you are the least bit unsure, then you should definitely get a consultation from a California employment lawyer.
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