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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2888
Experience:  30 years of experience
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Husband has worked 24 years and planned to retire in three

Customer Question

Husband has worked for company 24 years and planned to retire in three years. In past two months company has been demoting him for reasons that are not justified. Now has put him in a position that is where you start in the company that someone his age can't pyhsical do. Not for someone 61 years old.
It is obvious they are trying to fire him. Even told him one more thing and that would be it for him. He has taken one sick day in all these years. The only thing we can think for him to do is walk into the office in the morning and take early retirement 1/3 of what full retirement would be, because if they fire him there will be no pention at all. This company is on the Houston Channel. What should we do? We are shocked, hurt, and scared.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 5 months ago.

Hello:

Please bear with my as a prepare a response for you.

Can you tell me which state you are in?

Thank you for your patience.

Kind regards,

Gerald

Expert:  Gerald-Esquire replied 5 months ago.

Oh I see, that you are in Texas. I am preparing a response now. Please bear with me. Thank you.

Expert:  Gerald-Esquire replied 5 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This phenomenon is referred to as "Managing Personnel Out the Door." It is an insidious practice that is becoming more and more common as management tries to move older higher paid employees out so that they can be replaced with younger employees.

It is a form of age discrimination and if it can be demonstrated that you are being targeted because of your age (this is done by showing the statistics of employees being targeted) then you may have a discrimination action.

The practice is illegal, and your husband has remedies through the Texas Workforce Commission. You may wish to file a complaint. It costs you nothing to file the complaint and they will investigate your employer's practices:

http://www.twc.state.tx.us/jobseekers/age-discrimination

You can file a Joint Texas and federal Complaint through the State agency.

Once your husband files a complaint any action that the employer takes against your husband may be considered retaliation which is also illegal.

I recommend that you and your husband meet with a local employment attorney as well. Most of the attorneys who do this work will meet with you to assess your situation at little or no cost. So it is worth at least meeting with one to get a sense of your case.

Regardless of whether you hire an attorney your husband should file the complaint that we discussed.

http://lawyers.findlaw.com/lawyer/practicestate/employment-law-employee/texas

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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