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RIF Ohio but they hirede a younger different sex without calling me back Ohio

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  • RIF Ohio but they hirede a younger different sex without calling me back Ohio

    I was let go for Workforce Reduction June 2014. In September 2014 the company hired a person of a different sex to do the same job and this person was also younger. This company hired someone of another race 8 months before they let me go at approximately 150% of my pay and then claimed the RIF was due to trying to save money.

  • #2
    Smells but smell does not make it illegal --so far I don't see the dots connect as to you being let go due to race --if they hired two people and then decided that for business reasons 8 months later they could only support one person that does not prove or taint that you were selected on basis of race to be let go. Age?

    Is there some collective bargaining agreement or law that gives you recall rights or preference or even a past practice of always contacting prior RIF'd persons first ? Absent some specific reason to be in the applicant/recall pool the employer was probably free to generate a new pool and you apparently were not in the pool?

    And to RIF in June and be back hiring in Sept is by itself not rare or illegal but the actual business sales or load might offer some hints . . Just you or others in a RIF...? .

    There might be more to your fact pattern but so far I don't see it --not that my view counts --you might run your facts past a seasoned labor law litigator

    BTW unless you were over 40, age is probably not a legal issue


    • #3
      Older But Not Wiser Evidently

      I was 51 when they let me go and have since turned 52. The female they started in my position is under 35. The gentleman they hired above me is older than me and has since had his reservations about why this employer would let me go and then do what they did. I had been with this employer for over 11 years and there aren't very many left with this employer with that much time with them. Stinks ? Yes it does indeed.


      • #4
        However, the law does NOT require that former employees be called back before someone new can be hired. Unless you have some actual evidence that you were let go/not called back BECAUSE of your age or race, there's nothing here.
        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.


        • #5
          I'm on similar,far that is nothing to address are grasping at straws.

          And as a practical matter, the older person hired for more who made comments to you may suddenly develop memory failure if called upon to,address those comments in a formal setting..he may vote saving his own hide.....they may have simply been nice comments about you for all we can guess. .

          Was that a general RIF or just you....and were there similar patterns of older workers being replaced in short order by younger workers in virtually identical roles..IF there is a lot of that going on you might have enough smoke to suggest there is a fire ....based on age ...but that is a long shot and not so easy to prove , certainly not at a lay level .

          My personal perhaps out of date guess is you are wasting your time , nothing illegal took place ....but if you think it was due to age then I remind you that there are some rigid time lines in which to file an age discrimination complaint..and the door close is comming up fast for a June 2014 event sequence


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