I just turned 60 and been with my company for over 20 years. I was in the first rounds of lay offs. Is this age discrimination?

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Question:

I’ve been working for the same company for nearly ten years and have received many promotions. Recently, several friends sent birthday cards to my office and I decided to display them in my cubicle. My boss picked one up and acted surprised to learn I had just turned 60.

About two weeks later, my name appeared first on a new list of employees to be laid off this month.  I’ve got workplace seniority and think they’re probably letting me go (or “laying me off”) so the company can avoid letting me stay long enough to draw a pension. What can I do? I’ve seen this done to two or three other older workers who were never brought back to work, even though they requested it.

 

Answer:

You may have a very valid age discrimination employment act case. In order to be sure you’re fully protecting all of your potential employee benefits, be sure to contact an employment law attorney right away. Hopefully, he or she can protect those interests and get you reinstated, if that’s what you want. If not, you may be entitled to monetary damages.

It may help you to read through the Age Discrimination Act 1967 before visiting with your attorney. There’s a link to it below. Since there are some circumstances where an employer can justify certain acts that look like age discrimination, your attorney will need to evaluate your situation very carefully.

If the other workers you referenced were once your co-workers, you might want to see if they’d like to join in an EEOC complaint or lawsuit with you. Ask your attorney if that would be advisable or if you should simply proceed with your own separate claim.

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