How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

After nearly 39 years with the same company, my employer

Customer Question

After nearly 39 years with the same company, my employer furloughed me due to the seasonal lack of work, construction inspection. During this time the company paid my medical insurance and I was able to collect unemployment benefits for six months. Both expired about the same time and I was notified by the company that my job classification is changed to "occasional part-time" and all benefits are ended. The employee handbook doesn't have a classification for this. Although the company said I still employed and will be called on an "as needed basis", with no scheduled amount of hours or when I will be called to work, would you consider this to be a case of age discrimination since I will be 72 years old in October? I have a clean work history and there are other job positions I am qualified to do.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Legalease replied 8 months ago.

Hello there --

-

I am sorry to hear about this. There are several factors that the Equal Employment Opportunity Commission will consider when examining a case of possible age discrimination. Can you tell me --

-

1. Do you know if others were laid off at the same time and the ages of those workers?

-

2. DO you know if they brought in younger workers to fill any open similar positions (persons who are under 40)?

-

3. Were there ever any remarks made to you about your age (even jokingly)?

-

MARY