Employment Law Overview

EMPLOYEES OF FORD MOTOR COMPANY

Over the last two decade Ford Motor Company has consistently taken actions to reduce the ranks of its salaried work force. In the last two years long term employees in particular have born the brunt of the reductions. Ford is continuing to trim its salaried work force through forced separations and if the past is any indicator of the future will continue to do so into the future.

The decision to accept or reject any severance package offered is obviously very important. It's a decision that should be made with full knowledge of all options and rights before it's made, not afterward. Although employees may know some of their rights and understand the general idea of discrimination in the workplace, they do not necessarily have the ability to apply that general understanding to a complicated reduction in force situation. It is only after years of experience applying the law to many different workforce reductions done by many companies large and small, that an accurate evaluation can be made. As a firm we have done this work for over 25 years. The companies we have dealt with include Ford Motor Company and the reductions which occurred in January of 2006. Discussing your situation with us does not obligate you to file a lawsuit; it only helps you make a more fully informed decision.

If you are age 40 or older, the minimum written requirements which must be met for a release of your rights to be enforceable are as follows:

1. You must be given 45 days to consider the release;

2. You must be given a list of the job titles and ages of those selected and not selected for termination;

3.You must be given the eligibility criteria of the reduction in force plan;

4. You must be given 7 days to revoke your signature after signing the agreement;

5. You must be informed you have the right to consult with an attorney;

6. The waiver specifically refers to rights under the ADEA;

7. The waiver does not waive rights or claims arising after the date it is executed;

8. The waiver is clearly only for things you would not otherwise be entitled to receive;

9. The waiver is written so the average individual to whom it is given can understand it.

If each one of these requirements is not met, the waiver is not enforceable as to your rights under the ADEA, which is the federal law prohibiting age discrimination only. These requirements are not necessary for a valid waiver of other employment rights.

Currently pending before the United Sates Equal Employment Opportunity Commission (EEOC) are charges that Ford in 2008 did not comply with the Older Workers Benefit Protection Act (OWBPA) when it secured releases under what was called an “ Individual Program.” This program does not appear to comply with OWBPA and those who signed a release under an Individual Program may have the right to join a group action to secure their rights.

Ford Downsizing

Ford Restructuring

Ford Severance Pay

Ford Waiver and Release

Ford Separation Agreements

Ford Involuntary Separation Plan

FISSP

Individual Program