Employment Law Questions? Ask an Employment Lawyer.
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?