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Age Discrimination Texas

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  • Age Discrimination Texas

    Have worked for 24 years at a state position and within the last year was part of a restructuring of my old group that was in a different part of the company. The problem with this is that in my last position I was respected and known as a fabulous worker knew my skill set very well and had great evaluations. The new position that I was move into is a completely newly created department and in a different part of the entity dealing with techie issues, databases and a small amount of work I had done before. I have no background in techie issues and databases and we have been told that we have to pass certain tests in a year to keep our jobs. There were some temporary employee added to help us during a major project and even though they had no work or educational background in techie/database/skill set equivalent to mine they have been favored and groomed to be the highlights of our department. They are now pretty much over the older employees and after almost a year they were officially hired. A week after they were hired it was announce there will be layoff in our group. The thing is the new manager could have been training the original employees of the group the skill sets she has been training these new hires (20 year olds just graduated from college but no degrees in our field of work). But she favored them over all of the original employees whom many are over 50. In this new department I have been disrespected by a coworker who is like a supervisor and many times treated as not an important employee (meaning treated as if I was stupid) and they find fault in some things that I am doing that is uncalled for (feels like they are trying to make me an unsatisfactory employee). The type of work I am doing is less than what I had done before even though I am a very hard worker. We are totally micro managed by the 20 year olds and spoon fed every thing we are to do and checked on every 15 minutes to an hour to see if we are done.

    The new department is totally geared for 20 year olds and not sure what management was thinking when they restructured and place several older (50+) employees in this group. My original title and job duties still applies since no paperwork has been done to officially put me into this new job title. But the new 20 year old hires have the new job titles. The manager calls all of us this new job title even though they have not officially documented us into the new title.

    Actually the restructuring feels more like a setup to layoff the older workers. I can retire next year and am afraid that instead of retiring I will be laid off because of my age. It really feels like the company is using a restructuring technique to hire new young employees to train and layoff older unwanted employees. None of this feels right. I am planning on filing an age discrimination lawsuit if I am laid off. Do you think I have a case?

  • #2
    Out with the old, in with the new...a fact of life

    You might, the one who's opinion would matter would be that of an Attorney, you should speak with one.
    Good Luck.

    ~ You will not be punished for your anger,
    you will be punished by your anger.~ Buddha


    • #3
      Do you think I have a case? If your employer specifically transferred older employees to this new unit so as to cause them to fail and then layoff/terminate them, yes. If your employer had an unrelated business reason to transfer you and others to this unit, no. Nobody here knows what your employer's motivation was. Perhaps they thought your years of service and experience would be beneficial in learning your new roles.


      • #4
        Why do you think it is your age that is the real reason as opposed to your lack of skills in this area and bring slower to grasp the duties?
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        • #5
          Thanks for everyones answers!

          It would be difficult to prove but if it happens will be talking to a lawyer.

          If there are layoffs and the majority of the people laid off are over 40. Would that be considered age discrimination? Say 20 are laid off and only 1 was under 40.


          • #6
            It would not, in and of itself, be proof of age discrimination. It could be used as supporting evidence if an age discrimination claim was made, but if there were other reasons, such as skill set, performance, attendance record, etc., that supported the employer's choices for layoff, then the burden of proof shifts back to you.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


            • #7
              Your entire case seems very difficult to prove. The majority of the wrong-doing you are reporting is subjective and can be a result of several things. Maybe the younger employees are more qualified than you but just lack the documentation to prove it. Presenting the claim of being "treated as if you were stupid" in front of judge seems to be what a third grade teacher would hear after a recess fight. However, if you can find some sort of hard evidence (such as the lay off actually occurring) you may have some what of a legitimate case, but probably not enough evidence to win in court.