I have worked for a large co for 23 yrs, and have an excellent employment record. I am eligible for early retirement benefits in 18 mos. I am 53 yrs old.

Last Wed I was told that my job is being relocated to Seattle. Although I am prepared to move with my job, it has been made clear to me that I am no longer the man for the job by my new boss of 2.5 wks. In fact, I was told that I would be put on "probation" if I took the same job I have been doing, in a different city.

I have been given the choice to seek employment elsewhere in the co, or to take a severance package. The severance package would be given to me only if I sign a waiver of my ERISA rights, and it specifically says, in bold type, my "ERISA rights".

What concerns me most is the loss of my retirement medical/dental insurance that should be available to me at age 55, if I were to take early retirement in 18 mos. I would like that coverage. Do I have any recourse or negotiation ability for these benefits?

Thanks.

There is nothing that would prevent you from attempting to negotiate the terms of the severance package being offered to you.

Thank you for your reply. Do you know how I might go about negotiating? Through an atty?

Particularly troubling to me is that as of today my position which was to be "relocated" seems to have been posted in the same office I am currently in, with the same qualifications that I have.

In addition, my last job review gave me a good rating. Now, apparently I am old fashioned, and my focus and agility are being questioned.

Age discrimination?

(1) DON'T SIGN ANYTHING.

(2) Get an attorney immediately.

(3) Immediately write the company/your boss a letter - expressing your willingness to move to Seattle. Say you are very excited about the new opportunity and look forward to working in a new environment. Be sincere. The letter should say, "In accordance with our prior conversation on this matter... I accept the position offerred in Seattle." You should also at this time start contacting realtors in order to arrange sale of your house and to move.

You've got a pretty good "prima facie" case of age discrimination, but thankfully nothing too bad has happened yet - i.e., you are still employed.

I'd try to hold the position for the 18 months, and do my best to not give them any reason to fire me. Also, start keeping copies of relevant documents and emails and get things in writing whenever possible. Create a file or box of things related to this issue so you don't lose anything.

The letter specified in 3 will give you some recourse should they fire you after you move to Seattle.

If I were you, I'd look at this as something that is LIKELY to lead to a lawsuit... but not guaranteed. As such, you should conduct yourself accordingly. Be on your best behavior. Don't do anything wrong or that will make you look bad. Keep copies of documents and keep a journal of events and dates of conversations.

Also, if you relocate, presumably you'll have a new boss, right? That might reduce the risk of him continuing to try to eliminate you.

Thank you for your reply.

Unfortunately, the supervisor who has handled this is my direct supervisor, and is in Seattle. This is the person I would continue to work under.