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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 21 of 113

It sounds like you consulted with an attorney who did not want to put the time and effort in to working for you. In my experience I have found that there are attorneys who are really passionate about helping clients and there are some who want to just settle and do the bare minimum . Its worth checking with another attorney. If you had more skin in the game (ex: Money to put up front) they apply themselves differently . When you don't have any money to invest , attorneys are not motivated to working
toward justice for the employee. It takes a lot of passion and courage to stand up to big corporations . I think we need to pressure our elected officials to stand up for workers who are experiencing age discrimination . We have a right to navigate our own career path. We have a president who is over 50 and we have candidates who are over 50 applying for his job. There should be laws against asking discriminatory questions regarding graduation date and salary on previous jobs. Your official school transcript is proof of your diploma and degree. Your previous salary should be private . If an employer is interested in hirining you , talk about salary after a official job offer, if the applicant do not want to accept the financial compensation the company is willing to offer than let's negotiate. To disqualify an applicant because of age, race, past salary, graduation date ,and sexuality takes civil right back decades . When it comes to civil right we as country have not evolved as much as we like to think we have. Talking about this situation is great because it brings awareness but we need ton really do something about it. Companies should be held responsible illegal hiring practices and the EEOC needs to be investigated.

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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 22 of 113

I was 49 years old when I was let go after 25 years working for my previous employer. The whole company was only 12 employees.  A new CEO came in and systematically released all of the executive staff over a years period of time.  His explanation was that he was going to take the association in a different direction.  All of the executive staff were in their 40s or older.  I was the last person to be released.  Each person was replaced with someone much younger with no experience.  I was offered a very minimal severance package with the caveat that I could not sue my employer.  I spoke with an attorney and he basically said that even if I had a case, it would be very difficult to sue because of how small the employer was. Is that correct? I am in Arizona which is a right to work state.

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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 23 of 113

Age discrimination just does not stop in the emp[loyee work place either. Any entrepreneur over the age of 50 is also discrimiated against. Younger entrpreneurs do not want to deal with older entyrepreneurs) entrepreneus because they (older entrepreneurs) cost too much or don't know much or anything about technology.

 

H. James Hulton III

The Write Stuff

North Wales, PA 19454

www.thewritestuffhjh.com

H.James Hulton III
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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 24 of 113

That's terrible! Like many of blogs I have read, I am sure the majority of us are not eligible to receive full retirement benefits. Age discrimination and harrassment of any kind should address by the United States Government . I have been writing letters to my local officials daily and I am asking that they address this situation . During election time I am overwhelmed with politicians asking me for donations so I expect my elected officials to earn their pay check . It is outrageous that an employer 50 and over have no control over their own career.

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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 25 of 113

We were called to an unscheduled, yet planned, plant meeting and told that the company needed to "tighten their belt". The plant manager told us that they were going to offer "voluntary" packages to the "older more experienced" employees, those 55 or older with more than 10 years experience.

They had everyone that fit into that catagory stay, while the others went back to work. We were all handed envelopes with our names on them. Inside was an offer letter with years of service and severance pay amounts. We then had to meet with our department managers to hear why they wanted us to take the package. I was told my position was being eliminated and if I didn't take the package I would have to go to 'an undesirable' position on the manufacturing floor which they knew I could not physically do. I choose to except the package rather than be out of the door with nothing.

 

That was the 1st round. They did not get all that they needed.

The second round was 55 or older with any years of experience. Again, they did not get all that they needed. Several people said that if they lowered the age to 50 they would go. They did not.

The third round was involuntary seperation. They tapped 11 of the last people hired, most of which were older employees.

 

My exit date has been set as May1st by my department manager. I am no longer part of any group, I have no immeadiate supervisor. There are a lot of age jokes going around and at times I just feel like walking out. My job right now is to train someone to take my place. A "place" I was told no longer exists.

 

 

 

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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 26 of 113
Please know Human Resources responsibility is to protect the company not the employees. I think it is best to seek legal advise first or go to the Department of Labor before speaking with Human Resources. You need to speak with someone who will act in your best interest and it is definitely not HR.
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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 27 of 113

Thank you for your kind respond.

 

I have been told that if we accommodate you we have to accommodate others and that  is against EEOC. I know that if I file a complaint the company will know it's me. I have come to learn that other employees have reported those who are bullies have been moved in the office and accomodated. I trust no one. My mental health is destroyed. I have to return to the office on Monday and have been told by HR they are "truly" concerned about my health and that my desk is overflowing with work. No team mentality, to help your colleagues, you sink or swim and take care of your own work!

 

At almost 62 I have never been exposed to such a principle. I am truly at a loss as to what to do to survuve.

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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 28 of 113
Welcome to the world of age discrimination and a way for your employer to save money for the company you work for to go back to minimum wage jobs !! Only in America
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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 29 of 113

An article in the Chicago Tribune says move from suburbs to downtown Chicago has made the company faster and younger.  I wonder if an underlying purpose of the move was to cause attrition among older employees.

 

From suburban bubble to urban bustle: McDonald’s employees say HQ move to Fulton Market has made the... 

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Re: Ask The Expert: Age Discrimination in Job Search and the Workplace

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Message 30 of 113

tp94316672,

Yes, there is a statute of limitations for bringing age discrimination claims. First, a charge of discrimination must be filed with the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing the Age Discrimination in Employment Act (ADEA), within 180 or 300 days of the alleged discriminatory action depending on the state - in most states, its 300 days. Then, after the EEOC completes its investigation, it will issue a right to sue letter and then a lawsuit must be filed within 90 days of that letter to be timely. The ADEA does not require individuals to wait for a right to sue letter from the EEOC before filing suit (which is different from Title VII of the Civil Rights Act of 1964). One only need wait 60 days from filing the charge before filing a lawsuit.

I am very sorry to hear that you were forced to retire and wish you luck in your job search. AARP agrees with you on the value of older workers and is working to convince employers of the same. Thanks for your message.

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