Is it legal to take the battle to court if you don't think its fair you are on the list ? Don't sign the package and don't resign ?
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I just spoke this week with a 45+ year old, former colleague who was LR'ed in the last round.
He took his offer letter/package to an attorney to review it before he signed. He just wanted to know if it was fair, reasonable, legal, etc.
His attorney said it wasn't the best offer, but also not the worst offer, and that it was all legal.
His attorney advised signing it and just move on to his next opportunity which my colleague did.
For what this anecdote is worth.
I got LR'ed in Feb. You are not required to sign the agreement immediately.. In fact you are not allowed to submit a signed agreement until a certain time after you are notified. Take a few days to consider your options as the first reaction in fight or flight is sometimes fight. Sometimes fighting is not the best route.
It will be hard to prove on legal grounds, but if you want to fight it, contact a lawyer for consultation.Cisco HR does a pretty good job to shield itself during LRs.
They have billions of dollars and lots of experience illegally terminating workers based primarily on age. You have an equal (nearly zero) chance of winning whether you sign (ie. leave voluntarily under duress) or not. Since you dont have the resources to win that fight, better to take the package. Your biggest problem might finding a lawyer to take the case (ie. dishonest laywer would might take your money knowing you have almost no chance of winning, but an honest one would likey inform you that your wasting your money). Btw, you dont have to sign the agreement "under duress" you have about 30 days or so to decide.
Yes you can refuse to sign and take it to court. You need to prove grounds. Discrimination against you because you are on a protected category, retaliation for filing a s--ual harassment claim, etc. If you are over 40 take a close look at the demographic information that they will share with you. I think there may be some validity to claims for age discrimination in many cases.
Before signing the severance package contact an employment attorney. It may be possible with a lawyer to negotiate better. Cisco likes to avoid trials. So they are more likely to settle or request arbitration over a trial.
Good luck.
What does "fair" have to do with anything? You can try and sue almost anybody for almost anything. Good luck on this specific topic.
If you dont need the package you can roll the bones... but know you are throwing good money after bad.
If you have skills, focus on getting a new gig and look at the package as a one time bonus. If you fear you can't find a comparable job, perhaps you should be on the list.
Also depends on what State you work in. In the US, most of the Cisco contracts are Employees At Will, meaning the Company can terminate you with or without cause. Check your initial paperwork.
Legal? Sure. Will you win? No. If you're offered a package and you refuse it, you're out the door with nothing.
yep and you wont win