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Age discrimination

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sw2467

Junior Member
What is the name of your state (only U.S. law)? IL

Hi there, I am a concerned son who is taking it upon myself to try and help my mother during a difficult time.

Here is the situation:

My mother works for a company with far more than 20 employees (as per EEOC regulations). The company is making profits and expanding, so this is not a case of being laid off due to the economy.

My mother has been with the company for just over 10 years. She was one of the first employees of the company. During her time, she has been positively reviewed, and was even recognized for excellent acheivement upon 10 years of service.

She has had a new boss for about a year or two. He is in his early 30s, my mother is in her mid 50s.

She will be terminated. The condition is she will receive some severance for training the new employee. That's right. She has done nothing wrong, was happy working at the company (well the jerk boss made things less enjoyable), and is now expected to train the person hired to replace her.

There really is no valid reason to fire her except for the fact the boss does not like her personally. The latest hire in her department is in her 20s and there is a high likelihood her replacement will be the same.

How does one go about proving a case like this? If the boss simply makes up another reason for firing her, does that mean there is no case?

Thank you in advance.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? IL

Hi there, I am a concerned son who is taking it upon myself to try and help my mother during a difficult time.

Here is the situation:

My mother works for a company with far more than 20 employees (as per EEOC regulations). The company is making profits and expanding, so this is not a case of being laid off due to the economy.

My mother has been with the company for just over 10 years. She was one of the first employees of the company. During her time, she has been positively reviewed, and was even recognized for excellent acheivement upon 10 years of service.

She has had a new boss for about a year or two. He is in his early 30s, my mother is in her mid 50s.

She will be terminated. The condition is she will receive some severance for training the new employee. That's right. She has done nothing wrong, was happy working at the company (well the jerk boss made things less enjoyable), and is now expected to train the person hired to replace her.

There really is no valid reason to fire her except for the fact the boss does not like her personally. The latest hire in her department is in her 20s and there is a high likelihood her replacement will be the same.

How does one go about proving a case like this? If the boss simply makes up another reason for firing her, does that mean there is no case?

Thank you in advance.
That's all the reason it takes...
 

pattytx

Senior Member
Well, first of all, anti-discrimination laws under Title VII of the Civil Rights Act apply to employers of at least 15 employees, not 20.

The boss not liking your mother is not age discrimination. Her merely being over 40 and the boss being under 40 does not mean that illegal discrimination is occurring. She would have to have a LOT more than that to prevail in a lawsuit.

She didn't have to do "anything wrong". Google "at-will employment".

She should be eligible for unemployment benefits. She needs to notify the state when she files that she is receiving/had received severance pay.
 

cbg

I'm a Northern Girl
Well, first of all, anti-discrimination laws under Title VII of the Civil Rights Act apply to employers of at least 15 employees, not 20.

The exception is age discrimination, where it is 20.

Age Discrimination
 

Hot Topic

Senior Member
The company wasn't legally required to give her severance pay. I received it for three months after being laid off. The terms prohibited me from making any disparaging remarks about the company or any employees, so I hope she read that before she signed.
 

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