Some may recall that in the 2006 buyout questions were raised about whether the company was complying with federal age discrimination laws that required employers to provide a 45-day waiting period for potential takers to consider their options. DMN management did not provide a waiting period of that length, saying it did not need to do so so long as people were not required as a condition of receiving the buyout to waive their rights to pursue claims of age discrimination. This time around, the waiting period is once again far less than 45 days.
Here is what you need to know: If you take the buyout, you will be told by HR you must sign a release of certain legal rights. Because the company chose to not set aside 45 days to let people consider it's buyout offer, it cannot legally enforce a waiver of rights granted workers under the Age Discrimination in Employment Act of 1967 - specifically a provision added by Congress in 1989 entitled the Older Workers Benefit Protection Act. You retain your rights to sue under the ADEA even if you take the buyout and sign the waiver the company will require to get your payout. This protection applies to anyone age 40 or older.
If you are so inclined, here is a link to the law: http://www.eeoc.gov/abouteeoc/35th/thelaw/owbpa.html
You might also want to consult an expert in labor law for more info. Mr. Sunbeam has no formal legal training is not licensed to practice anything that requires wearing a suit.
No aspersions are being cast on the company's motives or actions. It's only information.
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2 comments:
Does anybody have any idea how the lawsuits filed after the 2006 buyout went? I know there were some...
The suit filed by about 18 people laid off in 2004 is pending in federal court in Dallas. A trial date is set for July 2009.
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