Offered a PIP or 10 week severance package!!!

@egrizzly - you were asked how old you are. Please respond.

 

If you are a member of a protected class (age, race, religious affiliation, gender) there MIGHT be special protections for you.

 

There is a very specific law that MIGHT have required your employer to give you more time to consider your options.

However, you have to be over 40 for that law to apply. And age is the only factor it applies to at all. So sorry I inconvenienced you.

 

Going back to your original post.

He wants to give your job to his protege. Nothing illegal about that.

Take the 10 weeks and don't let the door hit your butt on the way out.

 

It is a Federal law and applies in all 50 states. If you are under 40 it most definitely does not apply, and if you are over 40 it may or may not apply. I'm not going to go digging for it unless there's some valid reason to believe you can make use of it. It ONLY is going to apply if you are (a) over 40 and (b) there is some VALID reason to believe that your age played a part in the decision to term you.

There are double-digit million people in Texas and the idea that you might be identified by the limited information in this post is not overwhelmingly realistic. I don't have time to go looking for unrelated laws so that you can go trying to find a loophole in it that you can use. Trust me, if you are under the age of 40 OR, even if you are over the age of 40, if you cannot tie your termination DIRECTLY to your age, this law will be of no help to you. Over 40 years of experience tells me this.

So. Are you going to stop being vague and coy about your relevant personal details? Or am I going to let you swing in the wind?

 

There's no way that any of use could tell you if that's a wise thing to do. You need to make your own decision. This thread really has run its course.

 

You want to negotiate for a larger severance, fine. Your call.

Just know a couple of things. On the basis of what facts you have deigned to share with us, your employers have done nothing illegal; there are no laws you can invoke that will force them to change their position or offer you a single penny more than they are offering, and it is likely (not a 100% call, but likely) that if you demand more than they are offering, they can refuse your counteroffer and pull the offer that's currently on the table. So far they have made an offer and that's all; nothing you have posted suggests that they have created a binding contract that they will be legally mandated to honor.

 

On page 1 of this thread I told you this was not a legal issue. This is a personal decision that random stranger on the internet can not, and really should not, advise you on.

 

My first civil lawsuit after graduating law school was on behalf of my father.

We litigated in federal court.

It took several years to try.

The defendant was a large hospital chain that acquired a Catholic hospital operation.

My father suffered age discrimination.

He was offered a large sum of money to resign.

Dad was the hospital administrator for 25 years.

He was well respected.

Eventually the hospital corporation settled for a nice seven figure settlement, including federal taxes and social security, as well as payment into the retirement fund.

If I recall correctly it took almost six years to resolve.

 

First off, you're still being very cagy about your age, but if you're under the age of 40, then by definition it is not illegal age discrimination. At both the Federal and the state level if you're under 40, any attempt at an age discrimination claim is dead in the water before you even start.

Second, if they are retaining people who are older than you, then the odds that you will be able to support a claim of age discrimination are too low to be calculated.

If you're as annoying in the office as you're being here, I can well understand why they want you out and it's not got anything to do with age discrimination.

 

You've gotten as much help here as possible.

Now it's up to you to decide whether to take the 10 weeks and leave or do something else.

Thread closed.