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Riffed and replaced

Discussion in 'Discrimination & Sexual Harassment' started by Zaphod, Aug 10, 2020.

  1. Zaphod

    Zaphod Law Topic Starter New Member

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    Hello:
    I almost 60. I'd worked at a company for 12 years when it was bought out. I worked for the new company for 6 years - a total of 19 years. In the past 4 years I'd seen my duties reduced. I started with 4 subordinates, increased my duties to include 16, then reduced to 4 again. I heard this past year that my division had to come up with X number of dollars due to a shortfall. Scores of people were suddenly let go. I received a severance package. I was told that my position had been eliminated. I just found out that another employee with a lower rank was made supervisor of my department. It occurs to me that together with the seemingly innocent reduction of my duties, together with the shortfall and ensuing replacement of my position with slower ranking employee, I might be a victim of foul play.

    Thoughts?
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What state are you in?
     
  3. Zaphod

    Zaphod Law Topic Starter New Member

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    California . . Thank you!
     
  4. Zigner

    Zigner Well-Known Member

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    You're in California - go talk to an attorney NOW.
    EDIT: Ok, wait for the start of business hours, but you know what I mean.

    With that said, and aside from California's ridiculous slant towards the employee...somebody has to manage the department. "Scores of people" were also let go, so it's going to be tough to show that you were singled out due to your age or some other protected characteristic. But, still, this is California. Talk to an attorney.
     
    hrforme likes this.
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What were the ages of those "scores" of other laid-off workers?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    You might be. You have nothing to lose by consulting an attorney.

    Put your heads together, fire up the infinite probability drive, and consult one. ;)
     
  7. cbg

    cbg Super Moderator

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    I should point out here that when a position is eliminated, that is a headcount issue, nothing more. It does not mean that the duties belonging to that position no longer need to be done; it means that there will be fewer people doing the same duties. Higher ranking people cost more than lower ranking people. So the fact that your duties are still being done, and by a "lower ranking person" is not, in and of itself, evidence of any wrongdoing.

    I'm not saying, don't check it out. By all means do. But there's nothing in what you have posted that is clear evidence of any illegal activity on the part of the employer

    Being almost 60 doesn't mean you can't be laid off. It just means that you can't be chosen for layoff BECAUSE you're almost 60.
     
    Last edited: Aug 10, 2020
    hrforme likes this.
  8. welkin

    welkin Member

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    Perhaps you mean employer.
     
  9. cbg

    cbg Super Moderator

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    You are correct; I do. Posting before coffee is never a good idea.

    Correction made. Thank you for the heads up.
     
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  10. hrforme

    hrforme Active Member

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    "I received a severance package. "

    Did that severance package include a release of claims and a waiver of age claims. Did you have a certain amount of days to review it and did they suggest you have it reviewed by an attorney? If it did, you need to take that document with you to an attorney to see if you waived your right to make a discrimination claim based on age.....

    Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements | U.S. Equal Employment Opportunity Commission.
     

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