Reply
Highlighted
Contributor
14
Kudos
20545
Views

Re: Age discrimination in layoffs? Need advice

1,095 Views
Message 1 of 4

I would consult with a labor attorney if I was you.  It would appear to me, also facing a layoff and not an attorney, that they are putting those conditions on your severance because they know they are in violation and trying to protect themselves.  Like the first person in this conversation I too am in IT and we have been told that the company that we are merging with is in need of IT staff BUT they have also told us that major sections of our IT group will have to change jobs and maybe where they live.  They outsource a lot of what is done so the only ones they really want to keep, at least from what they have told us, is the younger staffers those that only work Desktop Support and those of us that are older and more advanced in our careers are looking at being let go or forced to take major cuts in pay/position.  At least 3 staffers that I know of all of us older have been told that our jobs will be gone 2 because the job is outsourced and one because it would be a duplicate of one that is already filled.

Report Inappropriate Content
14
Kudos
20545
Views
Highlighted
Contributor

Re: Age discrimination in layoffs? Need advice

1,208 Views
Message 2 of 4

That disclaimer clause in your severance rang a bell with me. I was "handed the mitten" last May (at age 61), and presented with the same onerous "option." I declined to agree and am in suit with them now.

 

In my case, there is a clearer pattern of age AND disability discrimination; they laid off 5 people (of 40 employees); 4 over the age of 58, 3 of whom were also disabled and/or had disabled dependents. Unfortunately, the federal enforcement seems to have few teeth. I was in technology, which also has tremendous power as a group. BUT, I think we're both (you and I) in a better position than those trying to prove age bias in hiring, since we've been laid off for these reasons.

 

Beware, though, current tax law - as I understand it - does NOT appear to favor a win on your part. If you do win, I'm pretty sure they tax the settlement as income. (Although the lawyer's fees might be excluded from the total.)

Report Inappropriate Content
Highlighted
Periodic Contributor

Re: Age discrimination in layoffs? Need advice

1,421 Views
Message 3 of 4

Update.  They laid off two of 8, age 32 and 66, and kept six, ages 23, 34, 38, 44, 45 and 45.

Report Inappropriate Content
Highlighted
Periodic Contributor

Age discrimination in layoffs? Need advice

1,426 Views
Message 4 of 4

I worked for a very large company that just had a layoff.  As required by law, they provided me with the titles and ages of the people laid off in my group.  What is suspicious is that they listed 8 people, yet my group only consisted of 8 people, all under 44, and none were laid off except me (age 66).  They were all absorbed into other parts of the organization except me.

 

They want me to sign a severance package stating that I will not contest this severance under any labor law (Civil Rights Act of 1964, the Civil Rights Act of 1991, the ADA, the ERISA, the FMLA, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act.) 

 

Questions: 

Do I have recource?

Is it futile to go against a large corporation?

 

Thanks for expert advice.

Jeff Johnson

Report Inappropriate Content
cancel
Showing results for 
Search instead for 
Did you mean: 
Users