Good morning John, thank you for your reply.
Could you please elaborate on "you or the EEOC would essentially be in the position of questioning the employer's financial motive versus the effect of older workers?"
My former employer is one of five major US banks. Do you mean their financial motive like savings on lower entry level wages offered in Mexico, not having to provide benefits otherwise required by US regulations?
I understand that to offer a severance package is up to them, but if they laid off US associates without offering one, that would mean bad publicity. So they resort to deceitful practices.
How does it fit in my case?
I am still not clear. You wrote that false performance does nothing for me in terms of an age discrimination case. What about ROFA (reasonable factors other than age) defense to disparate impact claim?
I am sorry John, but I feel that you are getting impatient with me by suggesting I file with the EEOC, because I have nothing to loose at this point.
Please note that before asking question, I did indicate that I already checked on Internet how to file a dual NYSDHR/EEOC discrimination charge. See your "What have you tried so far?" section.
I anticipated some input from your service how to word my complaint, but you say that I do not have the case. Am I correct?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).