Employment law question:

[LostinVA]

I know quite a bit about employment law from both a manager's and an employee's POV, but this one stumps me: an old college friend of my partner was laid off from her company (even though she was one of the most senior and has had excellent evals ALWAYS) and made to sign an agreement that she would never apply to work for that company again. Made meaning she was intimidated and basically kept in a room with her boss until she signed. The woman fired is very non-confrontational. Okay, she signed, and now what was basically her old job has been posted. There are also other accounting jobs she's qualified for.

FYI: the more junior members of the accounting team are friends of her boss -- they go out drinking, etc. VERY unprofessional, IMO.

Any legal experts here? OldLeftieLawyer, etc.? This is in NC, a "right to work" *gag* state. The company is German, and I think she should complain to THEIR HR, see what they say, then try to get it mediated by showing she was lied to and intimidated.

[acmavm]

1. Unless she can prove that she signed that under 'duress', she doesn't

stand a snowball's chance in hell.

du·ress ( P ) Pronunciation Key (d-rs, dy-)
n.
Constraint by threat; coercion: confessed under duress.
Law.
Coercion illegally applied.
Forcible confinement.

[acmejack]

2. Was she Laid off or discharged?

It sounds more like they discharged her for cause. A lay off implies a n opportunity exists to be rehired when and if the business climate improves.

HR is for the employers convenience and protection, not the employees. They had to be involved already, so they are aware of the facts of the case. It sounds really, really messed up.

Good luck to your friend.

[LostinVA]

3. Laid off

She was told they "weren't making enough money" and had to cut staff. I know this person pretty well, and she is truly a good person. I believe her when she says she was laid off.

[elehhhhna]

4. Is she over 40? If so, she should call EEOC--they will investigate

although EEOC might be run by horse show judges by now, if you get my drift.

[LostinVA]

5. ha! I get the drift, however

She is in her mid thirties... she is very overweight, and her boss is a fitness freak, but that's not covered under Federal or State law, so...

[elehhhhna]

12. how many others were "laid off"?

[acmejack]

13. * has appointed enough hacks to it as well.

and we know they aren't predisposed in the least toward the corporate side of things.

edit for *

[BooScout]

6. It sounds like...

..what she signed may have been a severance agreement. Did she get a severance package? More than likely she also signed away her rights to sue the company as well. If she did she's screwed.

[LostinVA]

7. That's what I'm wondering

I emailed her and asked her this -- they wouldn't give her a copy. She is a nice person, but very naive. I agree -- I think she screwed herself.... I do know she didn't get any severance except for two weeks. Oy!

[acmejack]

15. Laid off is better

She can at least get unemployment compensation. The company will have to pay a certain percentage of that too.

[JDPriestly]

8. How old is she?

She should see a lawyer asap. You aren't giving enough facts for anyone to analyze her case on the internet. You wouldn't ask a doctor for a diagnosis on DU. Many lawyers provide the first consultation free. Others will take cases on contingency after charging a relatively small up-front fee to consider whether they will take the case. Your friend should call around.

Your friend may have been laid off due to age discrimination. Age discrimination is very common and, unfortunately, also very hard to prove. That is because most people do not "hate" older people. And usually, employers do not let people know they are being laid off or fired because of their age. What is more, people do not realize that stereotyping older people as having bad memories, being unable to learn, being set in their ways, being grouchy, etc. is discrimination. And it is socially acceptable to devalue the traits that make older workers superior employees and to prize the traits that make them less desirable as employees. In addition, an older, more experienced worker may be more expensive ot just in terms of salary but also in terms of benefit costs. I have known of cases in which older employees were laid off just as their pension rights were about to vest. As a matter of fact, Disney did that to a good friend of ours after he had worked for them for many years.

As an older person, I have often been told by younger employees that I "don't look old." Nevertheless, I have been blatantly and frankly fired for my age by one employer and told by another, upon turning 50, that "There is a reason why men divorce their wives after they turn 50." In addition to stereotyping older employees, employers and co-workers often isolate them, act out the hostility they feel toward their own parents against them, to the other extreme treat them with exaggerated deference, or forget themselves and ridicule being old in front of an older worker. The worst and one of the most common forms of age discrimination is laying off an older worker first. If your friend is over 40, she may have been the victim of age discrimination, but she needs to talk to a lawyer, maybe several lawyers to find out if they think she has an actionable claim.

Some of the facts you describe suggest that the federal Older Workers Benefit Protection Act might apply. You have not, however, stated enough facts to determine whether it does or not.

Here are some websites that give info:

The Older Workers Benefit Protection Act

ttp://www.ahipubs.com/cgi-research/show_research_items.pl?TopicID=10&SubTopicID=91

The EEOC site on age discrimination. Very helpful re: federal law.

http://www.eeoc.gov/types/age.html

Age discrimination/Older Workers Benefit Protection Act from a business perspective

http://www.smallbusinessnotes.com/operating/legal/laborlaws/owbpa.html

short but good on OWBPA

http://www.nolo.com/definition.cfm/Term/BEE8D49B-32E5-49F2-A1683888FA0D2555/alpha/O/

age discrimination -- lots of ads for lawyers and not as helpful as some others

http://employment-law.freeadvice.com/job_discrimination/age_discriminations.htm

North Carolina Division of Aging and Adult Services
May not be appropriate depending on your friend's age.

http://www.dhhs.state.nc.us/aging/faq.htm#q200

[LostinVA]

9. Whoa! Calm down

No, I wouldn't ask a doctor for a diagnosis on the internet, and I wouldn't ask a lawyer for a consultation on DU, either. I was just asking opinions. I have told all the info I have, that's it.

She's not over 40, I stated that up thread.

I appreciate all of this info, though, because I AM over 40!

[JDPriestly]

10. If she is under 40, my post is irrelevant.

I'm really sorry for her. The lack of recourse or rights for employees unfairly or arbitrarily terminated from their jobs is just scandalous. She should still talk to a few lawyers to see what they say, but she should not invest a lot of money in trying to get legal advice. There may be facts in her situation that you don't know about that mean that she has some other claim -- such as sexual harassment or whistle blower protection or something else. She really needs to talk to a lawyer. Her discussion with a lawyer will be confidential. Even if she is very close to you, she may be ashamed to tell you facts that are essential in her situation. Encourage her to talk very openly and honestly with a lawyer.

[patcox2]

11. Life's unfair, there's nothing scandalous about that.

this is the real world, not a nursery school playground. "Fairness" is a fairy tale.

[elehhhhna]

16. She needs to:

Email HR/Pres./whoever and demand (nicely) a copy of the letter she signed, stating she was refused one previously.

Apply for unemp. benefits immediately.

Grieve then get the resume out, fast.

Practice basic interview answers out loud, alone and with you, so she's better prepped for interviews.

[RebelOne]

14. Why doesn't she call the state labor department?

That would be the first one I could contact.