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LayOffs in Florida & forced resignations

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  • LayOffs in Florida & forced resignations

    The company I work for advised in September that they would be closing our offices. Layoffs would be handled by looking at seniority and performance both equally weighted. Employees would be required to retrain to work on other products or forgoe their severance packages as voluntary job abandonment. I am 47 and when we were shown our severance package letters of agreement I was required to sign it immediately - not even allowed to take it to my desk to read it through properly. Had to be signed that day or no severance in the future. I signed on with the company to work on one specific product (banking) from 9 - 5.30 - in the past 2 years this has changed to 9.30 - 6 Mon - Fri with my consent. When my product closed I was transferred to another banking related product and then another as that one closed. I have now been told I am required to work 3.30 - midnight Tues - Sat. as a long distance operator for $2 per hour less. I suffer from nightblindness and have not driven at night for over 12 months since I had a small stroke which impaired it even further. I have been told that I must provide proof that I had this condition on hiring and that it has worsened which is impossible, for them to consider changing my hours. Our severance package states we must accept comparable job offers but that this does not have to offer identical compensation or even be similar to ur previous position as long as it is within 35 miles. Is this legal? I am at a loss to understand how a job at the other end of the day in a totally different field and at different wages can be considered comparable! The company also has a policy of dismissal when we reach 10 occurences but I know of at least 1 person who has such a poor level of performance she has recieved only 1 raise in 7 years and is currently on 14 occurences who has been given priority of choice in the shifts available because she has worked there for 7 years. Is the company not required to give out layoff notices in a structured way- especially when they would not consider voluntary lay offs? I feel very strongly that they are forcing myself and others to leave in order not to pay severance which was promised months ago.

  • #2
    The part that was illegal was in requiring you to sign immediately - since you are over 40 the law requires that you be given - I think it's 21 days - to decide whether or not to sign.

    Take the agreement you signed to a local attorney, explain all the circumstances to him, and see what he says.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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