• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Laid off due to position being eliminated and.....

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

#1
What is the name of your state (only U.S. law)? NY

I was just laid off a week ago after being with the company for 11 years. The reason stated is due to a business decision being made that they could not afford to keep me on board.. it was a tough year (FYE 2017) and they could not justify keeping me.

I am a 55 years old and made a decent salary in NYC.

They gave me a severance package of 5 months salary and medical till the end of the year.

I come to find out today that the receptionist in the company who is approximately in her late 20's .... is sitting at my desk... (This is yet to be absolutely confirmed).

I signed a separation agreement where it states that i forfeit all rights to sue.

I do have 8 days post signing to change my mind.

What I see going on here is age discrimination or... does anyone have any other ideas.

I had no warnings... had a good review last month.... I was basically blind sided by all of this.
 


Zigner

Senior Member, Non-Attorney
#2
What is the name of your state (only U.S. law)? NY

I was just laid off a week ago after being with the company for 11 years. The reason stated is due to a business decision being made that they could not afford to keep me on board.. it was a tough year (FYE 2017) and they could not justify keeping me.

I am a 55 years old and made a decent salary in NYC.

They gave me a severance package of 5 months salary and medical till the end of the year.

I come to find out today that the receptionist in the company who is approximately in her late 20's .... is sitting at my desk... (This is yet to be absolutely confirmed).

I signed a separation agreement where it states that i forfeit all rights to sue.

I do have 8 days post signing to change my mind.

What I see going on here is age discrimination or... does anyone have any other ideas.

I had no warnings... had a good review last month.... I was basically blind sided by all of this.
The receptionist was moved to your desk - doesn't mean she's doing your job. Additionally, whatever work you were doing would have to be spread out.
 

HRZ

Senior Member
#3
How many days were you given to consider the separation offer?

Other than seeing a younger person at your prior work station...do you have any solid clues to suspect that age as a factor to squeeze you out? .

SO far nothing you post suggests any age dsxrimination lurks herein.t
.
 

cbg

I'm a Northern Girl
#4
You are going to need far, far more than an unconfirmed rumor that a younger person was sitting at your desk to support an age discrimination claim.

Even if she was sitting there, there could be a hundred reasons why and probably 95 of those reasons would be legal ones.
 
#6
The receptionist was moved to your desk - doesn't mean she's doing your job. Additionally, whatever work you were doing would have to be spread out.
There is a temp sitting at the receptionist's desk now to fill in until a new one is found.

Also, was told by HR that my duties were going to be spread out since my position was eliminated.
 
#7
How many days were you given to consider the separation offer? T

Other than seeing a younger person at your prior work station...do you have any solid clues to suspect that age as a factor to squeeze you out? I spoke with an employment attorney who looked over my agreement.... aside from the age factor, her salary is quite lower and she might have made a lateral move over to my spot.
SO far nothing you post suggests any age dsxrimination lurks herein.t
.
I have 8 days...


I spoke with an employment attorney who looked over my agreement.... aside from the age factor, her salary is quite lower and she might have made a lateral move over to my spot. The HR dept also said they did not do well financially last year. As for the age factor.... i will be 56 and she is 26 so that certainly looks like an age thing.
 

eerelations

Senior Member
#9
There are 6 work stations grouped together..... 2 are occupied... on across from me and where I sat..... The replacement is sitting in my exact desk.
But what evidence do you have that proves that the only reason she's sitting there is because she's doing exactly the same work (same duties, same amount, same level) that you were doing at that desk before you were let go? If you don't have such evidence, then it's more than a little conceivable that she's sitting there doing other stuff. And if that's the case, then there has been no age discrimination.
 
#10
They've downsized you, you've been given a nice severance and insurance packages, you are handed your unemployment insurance on a platter (I hope you have filed for it immediately, even though you are going to receive severance, if not, do so to set up a claim immediately) and it has no relationship to any EEOC age discrimination suit you might later file. So that's what you do first, you file for unemployment insurance, and then move on toward any other issues you might have with being downsized.

I do not know what an attorney will see here. But I would not pay him/her anything up front, would want them to be willing to take the case on a contingency basis. And I will tell you that your chances of proving that you were discriminated against due entirely to your age, and as is almost necessary, that a pervasive pattern of age discrimination exists in this particular company are quite slim. This comes from many years of watching people be laid off and terminated and downsized and made redundant in every sort of situation. Unless the company has a very clearly defined pattern of eliminating the "blue hairs" you probably are just going to have to accept this situation, regardless of where the receptionist is sitting now.
 

HRZ

Senior Member
#11
OTher than a glitch as to the time to decide ...you haven't posted a single good age point ...I suggest you smile , take the package and move on....
 

Zigner

Senior Member, Non-Attorney
#12
I have 8 days...


I spoke with an employment attorney who looked over my agreement.... aside from the age factor, her salary is quite lower and she might have made a lateral move over to my spot. The HR dept also said they did not do well financially last year. As for the age factor.... i will be 56 and she is 26 so that certainly looks like an age thing.
If she were, say, 57, would you then think this was age discrimination?
 

FlyingRon

Senior Member
#13
By the way, laying you off because they found someone to do your job CHEAPER is allowable.
Been there, done that. That's how I got canned after 23 years with the company.
 
#14
Recently a large box store employer cut costs while ostensibly giving out "raises" by cutting hours and in many cases, laying off employees who had been there a long time (older workers, possibly?) simply so they could hire new employees and pay them less. Of course, before laying them off, they had already encouraged their lower management to do everything in their power to make the job unpleasant and get these long termers to quit. All fully legal. Age discrimination, not really. Discrimination against those they had to pay more? Yep.
 

cbg

I'm a Northern Girl
#15
Okay, let's get real here.

Position elimination is a headcount issue. Nothing more. The duties you had to do still have to be done by someone.

A lot of factors go into deciding what position is to be eliminated. Skill set. Who else knows how to do what duties will still have to be completed, or who can be taught them. Who may have down time and can pick up other duties. Who may have too much down time and should go because they don't have enough to keep them busy. Performance. Overall record. Who is working on what projects and how close those projects are to completion. And yes, who is being paid what.

There is nothing in the law that says the youngest employees have to be let go first in preference of the older workers.

So someone younger was reported to be sitting at your desk. Why? Has she been permanently assigned there? Was she looking for a file folder? Borrowing your stapler? Using the computer at that station while IT cleared a virus off the one at hers? Borrowing the phone?

Even if she has been transferred to that desk permanently, is she doing your duties? How do you know? All of them? Some of them? Who else is doing what?

Are there other over-50 employees still working there? Or even over 40? Because if there are, that's going to make it a whole heck of a lot harder for you to show that the only reason you were chosen for elimination is your age.

All in all, I wouldn't waste a whole lot of money on an attorney who tells you that a younger employee rumored to have been sitting at your desk is grounds for an age discrimination claim.
 
Sponsored Ad

Top