Over 40 and about to get RIFed

[johnmars]

What is the name of your state?What is the name of your state? NC

In my company recently, 4 middle managers were told they were no longer needed. All over 40, all highly paid.

While the VP in charge declared them not needed, most folks disagree. It's clear to me it was simply a cost issue.

While these 4 were perhaps not RIFed because of age, they were highly paid partly because of their age.

I should note that the company gave them each 60 days to find a new job before they got the boot out the door. Of these two succeeded, two did not. And oh, by the way, number 5 (over 40 middle manager) will get his at the beginning of June.

Is there any "protected class" issue in this case? Or can the employer simply say it was a reorg/expense issue and get around firing 4 over 40 employees.

John

 

[Beth3]

Is there any "protected class" issue in this case? Only if these individuals were let go BECAUSE of their age.

Or can the employer simply say it was a reorg/expense issue and get around firing 4 over 40 employees. Yes.

Nobody walks out of college and starts off as a member of middle management. It typically takes 15 - 20 years of experience and often more. Consequently it's FAR more likely than not that individuals in middle management are in their 40s and 50s. When a company needs to reduce S&A expense (overhead), middle management often is the group that is cut with their responsibilities being taken over by senior management and the next tier under the middle managers.

Just because many members of middle management happen to be in the 40+ age group does not make reducing those ranks age discrimination.

 

[CheeseBlotto]

Just because many members of middle management happen to be in the 40+ age group does not make reducing those ranks age discrimination.

Of course it does, it just can't be proven in court.

 

[Beth3]

We'll need to agree to disagree on that one, blotto. An individual can be terminated in spite of his or her age, just not because of it. If it requires 20 - 25 years of experience to be qualified for a certain position, then the incumbent is necessarily going to be 40 - 50 years of age.