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Recent ADEA questions

I was just off after being contracted out to a large

I was just laid off after being contracted out to a large Integrated Facility Management firm 3.5 years ago. Company allowed me to carry over my 13 years of seniority and pay of $78,000. The new firm said that they could provide facility management services for a set amount. After a year or so they realized they were short funds plus did not figure taxes into the budget which came to a large amount. They were going to let me go (bc of my pay)to make up some of the shortfall, but decided not to bc I was a valued employee and they transferred my pay to corporate office. Shortly after, I began working offsite for corporate and after a year they have decided to release me so that they can realize their savings in the coming year. They did not say that but it is obvious. I make double what my coworkers make. I am 60 years old. They have offered me 6 weeks severance. I feel like the severance is based on the last three years and not my 16 years of seniority. Should I seek counsel for the severance pay? And, i feel as though i have been discriminated against because my pay was high bc of my age and service. ??JA: Because employment law varies from place to place, can you tell me what state this is in? What confuses you?Customer: TexasJA: Is the employment agreement "at will," union, full time or part time?Customer: which agreementJA: Anything else you want the lawyer to know before I connect you?Customer: Texas is an at will state

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
Employee has complained that I employment harassed her, (not

Employee has complained that I employment harassed her, (not sexual) . And employer has issued me a warning of dismissal if it occurred again

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Christopher B, Esq.

Attorney

Juris Doctor

5,362 satisfied customers
I filed an EEO Title VII & ADEA complaint against, President

I filed an EEO Title VII & ADEA complaint against ***** *****, President of ***** ***** & Associates. I did not place ***** ***** DBA ***** ***** & Assoc. in the complaint. The defense is arguing that such complaints cannot be filed against individuals. and, therefore, should be dismissed. May I simply amend the complaint to reinforce that it is against the business by including dba in the complaint?

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John

Attorney

Doctoral Degree

7,562 satisfied customers
My daughter is employed in Singapore by an NGO headquartered

My daughter is employed in Singapore by an NGO headquartered in Calif. After 5 years, her ex-pat status expired and she remained with the project as an exempt, high level, employee. For several months the pay has been being readjusted downward and keeps changing. I just visited her and she asked for my assistance in what Calif law might say about these circumstances. They have even withheld pay. She loves the work, but not the salary drama. Where might I go from here to understand what the law says?thank you! Elaine ******

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Ely

Counselor at Law

Juris Doctor

64,650 satisfied customers
I have recently had a shift in reporting structure due to a

I have recently had a shift in reporting structure due to a merger. My new manager is making me "retrain" on an electronic learning management system that i have been working in since January when she was supposed to provide the instructions for making administrative changes. I am at the top of the payscale and a Senior in the role. I feel as though I am being singled out as No ONE else is being asked to do this. She is not offering to provide the instructions for this process.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: Due to the merger, many upper management have been offered "packages" and have left the company. I feel as though they are targeting top level pay to sort of push them out to replace with younger new folks. I am 60 years old and have been with the company for close to 9 years

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ScottyMacEsq

Doctoral Degree

22,736 satisfied customers
I'm in NC. 49 yo male. I was the HR Director at a large

I'm in NC. 49 yo white male. I was the HR Director at a large community college. Contract not renewed out of blue. Said I did nothing wrong. Real reason is that we had several, 2 recent, EEOC charges in which the college had liability. I think they got rid of me because when I investigated, My reccomendations were to correct the situations and put in place safeguards to keep from happening again, I.e. Training.I was notified April 21. Rushed to sign sep agreement for two additional months salary. Not given 21 days, not advised to see counsel. Have all that in email and recorded in phone conversations.My question is would you advise that Imgo to EEOC and charge retaliation, which it was and I think I could prove hostile work environment or file with EEOC. I haven't done anything yet to keep from losing the salary extension. I was with former employer over 24 yrs and was with the college almost 4, but became so difficult to do HR, due to ignorance of HR law and unwillingness to listen to me as HR Director.Since leaving, I have learned that HR is now reporting directly to president (to give HR more support and credibility) and will serve on senior leadership team, which is something that I practically begged to have done when I was there.ThanksMike

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,112 satisfied customers
What is the statue to file an unfair labor practices or age

What is the statue to file an unfair labor practices or age discrimination lawsuit? I was given the option to accept a severance package within a two week time period or the offer would be removed from the table and I would still be terminated. I had worked for a major food retailer in St. Louis, MO and was given the ultimatum to accept the severance package or be terminated in two weeks.There have been several employees terminated from this company over the last couple of years and have expressed interest in a class action lawsuit.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,112 satisfied customers
I have a 79 year old employee who needs to retire from my

I have a 79 year old employee who needs to retire from my chiropractic staff of 6 employees?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: pAJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: She cannot perform the duties required and we love her but she is in the way and cannot hear!

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ScottyMacEsq

Doctoral Degree

22,736 satisfied customers
I was employed at a firm little over four months as a firm

I was employed at a firm for a little over four months as a firm administrator. My now former employer provided me with one month's severance pay, for which we both signed a severance agreement. Is there any way that my now former employer may deny payment to me even though we have both signed a severance agreement? Thanks.

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Patrick, Esq.

Doctoral Degree

17,862 satisfied customers
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