Age Discrimination: I have been with present employer for 10.5 years. New computer system being installed and I was to train; however after I went for first initial on sight view of system with other employees I was then told I would not train and a person with experience would be hired and I would drop to another position which consisted of 16 hrs. rather than 40. My salary dropped from $500 to $200 per week and am now considered a part time employee with no benefits. I will be 73 years old in December and am in great health, in fact have only been out of work for a total of 3 weeks in 10.5 years. Do I have a claim? Thank you for your review of this matter.
State/Country relating to question: North Carolina
I have applied for unemployment benefits for the loss of the 24 hours; however, I do not think the employer is going to be receptive of this action.
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Are you the only person being disallowed from training?
Are you being replaced by someone younger?
Those are really the questions to be asking.
If they are letting everyone go and not training anyone, they can make the argument that the decision isn't based on age, just expediency.
If they have singled you out here, then you do have a claim.
The best way to secure that claim though is to tell HR that you suspect it first.
I know that is a scary step, but you do so for two reasons.
1. To get the protection of the ADEA. You are not protected from retaliation until you actually claim age discrimination to somone.
2. You do so to take away a defense from them. When you report to HR, they can never say that they didn't get a chance to cure.
Then, if they make no changes, you contact the EEOC and file a claim of age discrimination.
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Employment/Labor Law Litigation
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