Does the waiver signed in exchange for severance really prevent someone from suing Ford?
9 replies (most recent on top)
Of course you can sue. However, you need to decide is it really worth it?
First you have to find a good lawyer- the kind you’d need is good enough they don’t do contingency, they do retainers, usually somewhere around $5k prepaid yo front.
Second, the burden of proof is on you and your lawyer. Since you are likely white collar and an at will employee anyway, you’d have to really stick out in some way to say you have a case, like you were the only 30 year employee in your entire area/org that was let go and everyone else was spared, etc, etc.
There are times it is worth it; back in 2018 layoffs a group of six sued and won, but again was their was unusual. They all worked for the same department, were all I believe LL6 level, all were long time veterans with 25 to 30 years, and the work was outsourced or offshored - there was no escaping by Ford what was done there. But those situations are few and far between.
My niece is an attorney and works in employment law. You can always sue whether you sign anything or not. It’s just a matter of finding a lawyer to take the case and a judge that thinks there is enough evidence to go on. Ford would have to break the law, such as age discrimination, or if you felt you were intimidated and forced to sign a separation agreement or didn’t understand what you were signing.
You generally have a week to sign any separation agreement and you should have it reviewed by a lawyer. Ford is required to tell you that.
Class of ‘22 fire-ee here…the waiver that I signed still permitted me to voluntarily communicate with any “federal, state, or local government agency” about a violation of a law or regulation, but not to PROFIT from it. I assume they believe that the lack of a payout would eliminate any incentive to work with the government. I’m not so sure—I’d be happy to sign on, even though I wouldn’t get a penny.
Of course, who knows what Ford’s Class of 2023’s waiver will contain. Best of luck to all.
Agreed. The suers didn’t sign. I was acquainted with a few of them at the time. They were within a couple years of full pension.
If you sign you can't Sue, you can never work at Ford again, and you can't bad mouth then publicly. Including liking a negative comment about Ford on social media.
That last one has lower court rulings outlawing it, but it isn't settled law yet.
If they do something that is considered to be in violation of the law - especially federal law - then you can sue, regardless of a signed severance waiver.
In 2019, the SRDs who accepted & signed for the severance package were still able to sue because 'age' is a federally protected class. And the lawsuit proved that age was targeted when Ford selected who would be let go.
"None of the people who sued Ford in 2019 and reached the undisclosed settlement signed the paper."
How do you know that?
None of the people who sued Ford in 2019 and reached the undisclosed settlement signed the paper
If you accept the severance package, you will not be able to sue Ford.