Discriminatory or not?

[DiBarb]

Recently, a friend was fired one morning because they didn't need her anymore. Two years ago a new manager started with her Japanese firm as CEO and did not like her as his Secretary. She had been with the company for over 20 years and is over 50. A week before being fired she received a very good review from the very same person that fired her. The next week after she left a new, younger woman was placed in her position as secretary for this CEO. I think that this is discrimination. She is receiving a very generous severance package and unemployment benefits but I think she should move to sue this company. Aren't there procedures for firing people? My friend thinks that since she signed something and is receiving severance pay she should not pursue anything for the danger of not receiving severance pay. Does this company break any laws with the way that they have handled this situation? We are in New York City.

[cbg]

The fact that your friend was replaced with someone younger is not, in and of itself, evidence of discrimination. She can be laid off in spite of her age, just not because of it.

If by procedures you mean, is an employer required to give you x notice or warning before he can legally fire a person, no, there is no such law. NY, like every other state except Montana (and even including Montana in some circumstances) is considered an at-will state; you can quit at any time and for any reason, and you can be fired at any time and for any reason that does not violate the law.

While I'm not discounting the possibility, there is nothing in your post that suggests that your friend has reason to sue.

In any case, it's her decision to make, not yours.