Severance & Possible Discrimination

[rdad]

My jurisdiction is: Kansas

I am a 56 yr old male recently laid off from an employer in Kansas, with Corporate in NJ. I was employed for 16+ yrs. Position was Quality Mgr of a manufacturing facility. Reason given for termination was elimination of position (manuf site w/o a QC Mgr-?). I have had recent medical issues, and used vacation time (4 weeks taken - off & on - no unpaid time), for all medical appts. and procedures. Medical issues of course were not addressed as reason for separation, but I believe it definitely contributed. NJ facility (union - Kansas non-union) did not eliminate the QC Mgr position. I was offered a 6 wk severance package w/3 months COBRA - after 16 yrs employment. Two questions/concerns. 1) I know Severance Pay is not mandated, but should I push for additional weeks compensation? If so, how do I approach the issue w/o losing the original offer? 2) Based on company awareness of medical issues & the potential for Short-Term Disability time-off possibility, do I have any grounds for wrongful dismissal? Thanks for any quick responses.

 

[cbg]

Do you have any EVIDENCE that if you had not been in need of medical leave, you would not have been let go?

We can't advise you as to whether you should push for more or not. Unless you had a contract or CBA that said otherwise, you've already got an offer of more than the law requires. We don't know your employer. We have no way of judging whether they will be amenable to negotiation or not.

 

[rdad]

Unfortunately, I do NOT have evidence - they did not address the medical issues as being a consideration - I wouldn't have expected them to do so. No contract - "At Will". I know other past employees were given severance packages, but uncertain of details. I know I'm in a position of take-it-or-leave-it, but was hoping someone would have other suggestions, as I fully believe based on "extras" I have performed for the company without compensation over the years, and no negatives in performance reviews, along with the retention of QC Mgr @ the NJ site, that there had to be another cause. Thank you very much for your time & the response. Any other suggestions?