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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 24602
Experience:  14 years practicing attorney
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I have just been let go from a large corporation, despite my

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I have just been let go from a large corporation, despite my years (17) of high ratings and service. The reasons that were mentioned was that I was close to retirement anyway, and besides I've had health issues (had cancer 3 years ago). The coup de gras was that I was a woman. It wasn't like I was the head of a household (even though I'm the breadwinner in our house). Is there some action here, or should I just take their "surplus buy out" package and run? (there's a clause in the package that I cannot sue if I sign).
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Are you saying that they made actual statements about your age and gender as part of the reason for your termination?
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Thanks
Barrister
Customer: replied 1 year ago.

My manager was trying to justify their decision and as he said it "put a more positive spin" on their decision. Just to let you know, I wasn't the only one let go as it was a major cutback. However, I felt their reasons weren't credible.


 


So my husband wanted me to ask someone before we signed that exit package.

Expert:  Barrister replied 1 year ago.
Ok, if they made some sort of comments about your age or gender, then that would be considered illegal discrimination and would give you grounds to file suit for damages.

The U.S. Equal Employment Opportunity Commission (EEOC) states that a person can be legally considered to have been discriminated against for employment if it is on the basis of race, religion, national origin, physical disability, gender, or age.

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The problem here is in proving that you were terminated for a discriminatory reason if this was part of a major cutback. The employer would simply deny making any comments about your age or gender and state that you were just part of the cutback. If you weren't under any type of written employment contract for a set period, then you would have been an "at will" employee and could be terminated at any time for any or no reason at all.

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The other thing that comes into play here is that if you decided to pursue this, you could file an EEOC complaint and have them investigate the matter to see if they would issue a "right to sue" letter. But this takes months and if the company maintained that this was just part of a cutback it might be hard to prove otherwise. You would also give up any severance package.

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If you went ahead and filed suit based on discrimination, you would have to hire an employment law attorney with a retainer of likely $5K to get him interested to pursue this. And once again, if they maintain the party line of "its just broad cutbacks" it might be hard to prove your case.

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What it boils down to is that without a "smoking gun" that would disprove the position they would take that this was just cutbacks, I would opine it would be very hard to prove your case and you would be giving up the severance package...

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


 

Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 24602
Experience: 14 years practicing attorney
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