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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50048
Experience:  Licensed attorney helping individuals and businesses
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I am age 61 born 1/19/1948. My company is looking into

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I am age 61 born 1/19/1948.

My company is looking into a mandatory retierment age of 67 or 671/2. They indicate some people will be grandfathred but I am not one of them.

The driving issue is health insurance costs as our group at the ank is of a igh averge age. They program will allow working no more than 20 hours per week without benefits after 671/2 which I will do as I have a lifetime ppayments to my ex-wife of $16,800 per year.

What are the laws of California. We are a state charted bank with only state of cA offices. Thank you. Everett Thompson
Submitted: 4 years ago.
Category: Legal
Expert:  INFOLAWYER replied 4 years ago.
Good Morning Mr. Thompson:

The employer cannot discriminate on the basis of age. The selective grand fathering of the this rule is likewise disturbing. You have recourse and I will outline it below.

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race, gender, age, nationality or religion.    It applies to employers with 15 or more employees.

Proving it is done by looking at pattern of conduct, document, witness statements, how other employees are treated, and the credibility of the employer and the complainant.

To file a complaint with the eeoc, see this link    http://www.eeoc.gov/charge/overview_charge_filing.html

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include: back pay, hiring, promotion, reinstatement, front pay, reasonable accommodation, or other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination). attorneys' fees, expert witness fees, a court costs.

You can further have local counsel pursue reinstatement or severance by negotiation either before filing the eeoc complaint or after doing so. You can find local employment counsel on www.martindale.com
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50048
Experience: Licensed attorney helping individuals and businesses
INFOLAWYER and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
I could accept the issue of reduced hours as acceptable however I may loose our and my company losse out on the most valuable experience years of my career.

I had thought of reducing hours but I owuld want to work 3 our of 5 days not limited to 20 hours as indicated.
Expert:  INFOLAWYER replied 4 years ago.
Exactly, consider pursuing the above recourse and begin with employment counsel who may be able to use the leverage of an eeoc complaint and other exposure to negotiate a severance, reduced hours or other relief. Good luck and pleasant weekend.

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