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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32133
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I was recently laid off from HSBC NA due to reduction in work

Resolved Question:

I was recently laid off from HSBC NA due to reduction in work force. I worked for the company 1 mo short of 20 years which impacted my Retirement and Medical Plan. The reason this was an impact to me that I was a "Legacy Household Credit" employee grandfathered into a (20-55 plan) 20 years with the company or 55 years of age which I will be in 2 years. My delema is if there was is fact a need for reduction in workforce why are seasoned employees being laid off instead ones recently hired and in the country on visas? Is there a law that protects individuals like me from being laid-off due to "reduction of workforce? And if there is do I have any recourse?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Thank you for contacting Justanswer.com.

You have reason to believe you age was a factor in making the decision to lay you off?

Did you receive a severance package or sign a release of claims?

Were similarly situated employees who were significantly younger retain their jobs?

Customer: replied 3 years ago.

1. You have reason to believe you age was a factor in making the decision to lay you off?

Its a possibility my co-worker age 48 who worked there for almost 15 years was also laid-off at the same time and he has a heart condition.

 

2. Did you receive a severance package or sign a release of claims?

Yes a severance package was provided with the stipulation that if a claim was made against the company then the severance would not be paid. And yes I have signed and submitted the form for the severance but have not received payment yet. It is due to be directly deposited into my checking account either on 7-15 or 7-29.

 

3. Were similarly situated employees who were significantly younger retain their jobs?

Yes, in fact there are 2 individuals that had just joined the company who are still there. One had joined about 2 months prior and the other about 5 months. The one who joined 2 months prior was actually moved into the group we were laid-off from as they are now understaffed. Both of the individuals are around 25, 1 that I know of for sure who moved into my group is here on a visa from India and both are straight out of college.

 

Expert:  Tina replied 3 years ago.
I see.

It does appear there is evidence to indicate age discrimination was involved in violation of state and federal law.

However, the release you signed could work to bar your claims against the employer, so it is imperative to retain a local employment law attorney to evaluate your claim further, including the value of your claim.

State and federal law typically prohibit employers from selecting employees for layoff based on their age (40 and older) and provide a right to seek damages for lost wages and benefits and sometimes punitive damages against the employer.

You will normally need to file a complaint with the EEOC or state human rights commission but it is best to retain a local attorney to review your case including the agreement you signed first.

Good luck and take care.

Tina

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Tina, Attorney
Satisfied Customers: 32133
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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