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Question

My company is laying off 1,500 employees. Supervisors were provided a "rating" sheet for each employee which covers skills, length of service, etc. I have been employed for 4 years at this company (a mine) in this particular position. My co-worker, who is the boss' girlfriend (can be documented) has been doing this particular job for 1.5 years, but has more years of service. I was in this job for 2.5 years before she was promoted as a co-worker. In the beginning, I actually assisted her, gave her guidance, and reviewed her work and have been theunofficial "leader." I am 60 (male) and have 30 yrs exp in mining. She is in her 40s. They have rated us with equal skills, which is false--I have more education and experience in this particular job, not counting overall mining experience. So with equal points for skills and her having more years of service than me, she has more total points, so they are keeping her and laying me off. Do I have grounds for an EEOC complaint?

Submitted: 300 days and 12 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Clifton, Arizona

Already Tried:
Just starting to fight my battle.

Posted by INFOLAWYER 300 days and 12 hours ago.

Answer

If the reason you are being laid off is your age, that would be illegal and you can file an eeoc complaint. see www.eeoc.gov

300 days and 11 hours ago.

Reply

That isn't much of an answer for $30! Did you read my email carefully? They are maintaining that I am being laid off because my co-worker has equal skills and more years of service. She does not have equal skills to mine, which I can prove.

She is the boss' girlfriend, which can be documented. Can any of this be an EEOC complaint or should I go for age discrimination?

Posted by INFOLAWYER 300 days and 11 hours ago.

Answer

I mentioned age discrimination because that is the only claim I saw from the facts you mentioned.

300 days and 11 hours ago.

Reply

How do I prove that it is age?

Accepted Answer

You would need to leave it to the eeoc to investigate and make a finding based on e-mails, conduct, admissions, testimony, other layoffs, your age.

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
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Answered: 1/26/2009

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