Charges Filed Against Ford Waivers, Announces Huizenga & Hergt P.C.

DETROIT, Feb. 16, 2006 -- Charges have been filed with the Equal Employment Opportunity Commission in Detroit against the Ford Motor Company by the law firm of Huizenga & Hergt. The charges request a finding from the agency declaring that the company has not complied with Federal law in seeking a release of liability from 4,000 employees selected for termination as part of Ford's restructuring plan.

Under Ford's restructuring plan, employees are offered up to nine months of additional severance pay if they agree to release their claims against the company. The charge filed with the EEOC, however, alleges that the company did not comply with the Older Workers Benefit Protection Act, because the affected employees were not provided a listing by age and job title of each person who was selected for separation.

John Hergt, a partner in the law firm, explained that what Ford has done is to limit the information provided to employees so that they are unable to determine whether or not there is a pattern of selecting older workers for separation. In some cases, Mr. Hergt states that the individual is provided a listing which lists only one person selected for separation, despite the fact that thousands of employees have been terminated. Limiting the information in such a way, "does not comply with at least two Federal Court decisions that have held that a company must provide a listing of all persons selected," Mr. Hergt said.

There is still time for Ford to comply with the law and expand the information contained in the lists given to terminated workers, Mr. Huizenga said. If the company fails to do so, it runs the risk that employees who sign the agreement may retain the money they received and file a lawsuit in Federal Court for age discrimination under the Federal Act. Mr. Huizenga has previously obtained a landmark ruling in the 6th Circuit Court of Appeals affirmed by the United States Supreme Court finding that releases given to employees by the Ameritech Corporation were invalid.

This is an important issue, Mr. Hergt explained, "because it is likely that many people will sign the release ignorant of the facts, and will not explore their legal rights."

  John Hergt of Huizenga & Hergt P.C.
  (313) 963-4200
  (248) 561-7435 (cell)