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Age Discrimination?

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Nanri

Junior Member
The day before vacation 5 long time employees of a manufacturing factory were fired. Reason given was lack of work. These people were between the ages of 57 and 62 and had worked there from 26 to 42 years.
The company had been sold to a new owner several years before and the factory was no longer unionized after the sale. Since their firing, the company has added the same number of new employees and they are much younger. Seems like they wanted to save on higher pays and longer vacations etc by getting rid of these older folks. Local Rhode Island lawyer says there is no case here.
 


Nanri

Junior Member
Golly BelizeB, have you no compassion for a new poster who has a hard time seeing small print? I certainly didn't mean to offend you by my question and I will now apologize if I have. I read a rule to include my state and I did. Perhaps I should have put that at the beginning? Let me know what I did wrong so I will change my ways immediately.
Nann
 

cbg

I'm a Northern Girl
If you are correct that the trigger was high salaries and benefits then the answer you have been given is also correct. It is not illegal to term higher-paid individuals and replace them with less expensive employees.

This would only be illegal if they were termed BECAUSE they were over 40. Not because they were paid more, not because they receive higher benefits, not because they get longer vacations, but BECAUSE they are over 40.
 

Nanri

Junior Member
Thanks for the information. It's impossible to prove their motive but since they replaced the older guys with people less than 30 years old and for a lot less in pay and benefits, you don't have to be a genius to figure it out.

Nan
 

cbg

I'm a Northern Girl
It's not enough to prove that the age is a factor. It is perfectly legal to term higher paid employees for lower paid ones.
 

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