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I was laid-off with my job being eliminating and was given a severance package, which I sign an agreement. They put in place

Yonkers, NY |

a so called Secretary Pool and did not work. So now my position is back, not sure what they are calling it but was told by my co-workers. Since they brought back my position, did they break the agreement that they made me sign and what can I do. The person they put in my position is just about 30 and I am 64!

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Attorney answers 3

Best Answer

It depends on the agreement. Generally an employer would not break a severance agreement by filling your old position because severance agreements are usually designed to state what you employer must pay to you as your final pay package. Depending on the circumstances you may have an age discrimination claim, but you would need to consult an attorney to review your agreement and the facts surrounding the layoff.


Most severance agreements advise you to consult an attorney before signing. If you did not consult an attorney, you may want to do that now. It is difficult to get out of a signed legal document, especially if it provided a week for you to change your mind (which most severance agreements do) and that time has already passed.


Unfortunately, without seeing what you have signed it will be difficult to provide a useful answer. I am sorry.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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