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  • Wrongful terminated

    I was recently terminated from my job reason given job elimation. I have the most senority on my team 32 years, I am the oldest team member 49 years old and I have trained both existing team members to perform their task on the job. I was told it was not a job performance or anything they just needed to cut jobs. The offered me a severance package.

    Does not having senority in all areas should have been a consideration in maybe letting one of the other team members go?

    Chicago

  • #2
    Seniority and Discrimination

    It sounds like you may possibly have a valid complaint of age discrimination if your other coworkers are younger than you. It is illegal, under federal law, to discriminate against persons who are 40 years and older. For more information on federal laws regarding age discrimination, refer to the EEOC's website at: http://www.eeoc.gov.

    Employers are often under the impression that eliminating a person's job will eliminate the potential for claims of discrimination. Nothing is farther than the truth. It is illegal to discriminate against those in "protected classes" on any employment action.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      wrongful termination

      Thank you for responding. Yes, I am the oldest on my team. In offering me the severance package I was requested to sign a waiver exempting me from filing a lawsuit against the company. Since I signed the waiver I cannot go the EEOC? Can you suggest any other action I can take?

      Comment


      • #4
        Oh no

        When did you sign the agreement? As a person over 40, your employer was required to give you at least 21 days to consider it. You also have 7 days in which to revoke it. The reason is that some older Americans may feel pressured to sign an Agreement because their employer asks them to. The additonal time is to give you time to consult with an attorney, if you wish, or give it some thought.

        If you just signed it, you need to take action now to determine if you should revoke it. Don't lose the opportunity to do so. You may have to forgo the severance (and you would have to know whether it will be worth it). However, I would bet a lot that your former employer will agree to let you sign it for the severance later. They want the agreement...it protects them from you filing a charge against them. The agreement probably has a clause telling you how to revoke it. If it doesn't, you may still wish to send them a letter (by certified mail with a signed receipt coming back to you, indicating that your letter was received) letting them know that you wish to reconsider the Agreement. It's important that you do this as soon as possible. (That is, if you wish to pursue them through the EEOC.)

        Let me know if you have any questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Yes they gaved me 45 days to consider the waiver. I was terminated on 07/16/04. I signed the waiver on 08/08/04 and mailed on 08/16/04. I have expired my rights to revoke the waiver at this time. I was very concern in finding another job because I had experience a accident and I am still not able to work and of course you know the bills are coming in. In fear of losing my home and automobile I signed the waiver. I guess what you are saying is that it is to late to do anything right?

          Another question, if I did filed a claim with the EEOC as discrimation could the employer later change their mind and say that I did something else but they used "job elimation" ? I was not told anything other than that.


          Thanks again

          Comment


          • #6
            Your Severance Agreement

            I guess it doesn't hurt to try - talk with the EEOC. Sometimes, the EEOC will move forward even though your Agreement said that you won't. You may also want to talk with an attorney. You don't want to cause problems for yourself by violating the Agreement you signed.

            Good luck and let me know if you have any other questions.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              Termination reason

              If I can revoke my rights for the waiver and file a claim with the EEOC using, age discrimation can the company change their termination reason to defend themselves to an action their never brought to my attention? Like I did something else under code of conduct or job performance to argue against my reason for termination and gave me a severance.

              I would not think so, with them giving me the severance however, in a federal court hearing, will the arguement just be fought under age discrimation or any other reason the company is allowed to bring to defend themselves.

              Just another loophole to this, Would I have any rights if they would to bring a prior employee or temporary person to perform my task of the same job, within six months?

              Thank you and this is a great site!!

              Comment


              • #8
                Age Discrimination

                I agree that saying that your job is no longer needed but then turning around and bringing in a replacement does seem to be inconsistent.

                However, keep in mind that regardless of the reason given for the termination, the employer will need to prove that the reason was not due to your age.

                Contact the EEOC to determine if they feel that there is an issue with your situation.

                Let me know if you have any other questions.
                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

                Comment

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