Age discrimination

[Tinaduncan74]

What is the name of your state? AR
I have tried to find a thread on this but have had no luck so here goes.

My husband, age 49 ,has been employed by a small company (less than 20) since Dec. 2001. He has been in the AC business for almost 30 years. He is certified in freon recovery, which is required by the EPA. In the past year or so he has been moved from partner to partner, when someone new is hired or someone leaves he gets placed with the spare person. There are or rather were two employees, one of which is the owners son, had been handling freon without certification. They recently were both paid to go to school to get certification. The thing is this they were both making more than my husband before they obtained certification. My husband is the oldest employee by several years he is even older than the owner and has more experience. Yet they continue to send him home when they say that work is slow. But he is the only one. Then this past week they laid him off saying that they didn't have enough work for him. Is this age dicrimination? He is the only one laid-off, even though there has been several hired since him.

 

[Beth3]

Surely it's not surprising that the owner's son is making more money than other employees and getting favored treatment. If the other newer employee is a pal of the son or the owner, the same goes for him.

Is this age dicrimination? Only if any of this is taking place BECAUSE of your husband's age and I'm not getting that sense. What I am sensing is a poorly run company and there's nothing illegal about that. If there are at least 15 employees, then your husband is free to file a complaint of age discrimination with the State or the EEOC but personally, I think your husband's best option appears to be to look for a new job in a better run organization. He has valuable skills and many years of experience so hopefully he'll be successful in finding a better opportunity.

 

[Beth3]

P.S.

Then this past week they laid him off saying that they didn't have enough work for him. There are no laws that dictate that the younger or less senior employees have to be laid off first, if that's what you're wondering.

 

[Tinaduncan74]

Thanks Beth
I was just wondering if that was an avenue to follow but I guess not.
Again thank you. And as for the other employee yes they are friends well actually he is like the "teachers pet". If the company is slow they send him to their home and pay him for doing odd chores around their home, such as painting .
Well anyway it will be nice to not have to deal with that company anymore.And currently he is drawing UE for almost as much as he was making and not having to pay for the gas.
Again thank you for the info.

 

[Beth3]

So this is just plain old favoritism. That's unfortunate but it's not illegal. It's too bad they're not valuing your husband's 30 years of experience more but there are no laws that say business owners have to make smart decisions.

Hopefully your husband won't have a difficult time finding another position where his skills and abilities will be appreciated. Good luck.