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Recent Age Discrimination questions

I'm fighting a seniority bypass with my Union with the

I'm fighting a seniority bypass with my Union with the Auburn School District. I have been with this District for 16 years and even working at a high level than this job position of which I was bypassed. The District submitted their review of the interview panel questions and answers. I know that a much younger woman was hired outside the district. The letter reads, "junior employee was a better fit with the team in terms of building experience, demonstrated ability to work within the programs used in the guidance office, personality, and energy." I'm particularly concerned about the words "personality and energy." Knowing that they hired a much younger woman, it sounds like they are referring to my age here and discriminating against me. What do you think?

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Infolawyer

Attorney

Juris Doctor.

37,622 satisfied customers
I am 64 years old. I was fired after 16 and a half years

I am 64 years old. I was fired after 16 and a half years because I was told based on timing on a video tape on my leaving the women's bathroom, and someone going in after me, that I was responsible for smearing feces on the bathroom floor. They claim there were three incidences of this...I do not know the dates, nor did I see the videos. I was not written up or given a warning....this, as you can imagine, came out of no where. I was expecting to retire by early 2018. I recently received one of the best job reviews I have ever received a few months ago, so I am not a disgruntled employee. I liked my job.They have no witnesses to my alleged actions. Do you think this might be ageism?

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
I believe that I have been discriminated against by my boss

I believe that I have been discriminated against by my boss due to my age (64) and lack of attractiveness as it relates to performing system (hardware and software) demonstrations. I was confronted with this issue just last week by my boss. He claims that I no longer represent the "right image" whether in person or on video. My boss further stated that he wanted a more attractive individual, specifically a woman, to take the responsibility of presenting the company and its solutions to prospective clients. In spite of my shock by this action taken by my boss, I merely told him that this was age discrimination and was illegal. He suddenly realized what he said and attempted to blame the client who he claims made this remark. I merely told him that he was just as much at fault for having entertained such an idea and in turn confronting me with such a statement. This same boss demoted me almost 6 months ago because he claimed that I was not the right person for the job. The most interesting thing about this confrontation is that I am performing exactly the same tasks as I did with my previous position while my replacement who is approximately 10 to 15 years my junior is not performing any of the tasks that I was accused of not doing. If this is not enough, I find myself working in an extremely hostile environment in which my boss has threatened to fire me or coerce me to resign at least once a month for the past 6 months. I have 2 years remaining on an employment contract that my boss has already breached by not paying guaranteed bonus money that is also stipulated in my contract. Furthermore, I am in a position to vest over 500K in stock options that I will have to forfeit if I am terminated or resign before the vesting time is completed. Please advise. Thank you.

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
Here is the situation as I know it. This entity is an

HI! So here is the situation as I know it. This entity is an not-for-profit located in Bucks County PA:1. in June an executive session was held where a grievance was expressed against the Exec. Director by 2 board members2. The grievance involves allegations from the staff which allege things such as age discrimination, bullying and other unprofessional conduct of the ED3. a committee was established to investigate these allegations which were to include interviews of the staff4. The rest of the board that is not part of the executive session just found out about the allegations as of this past Monday night 9/12(this technically would include Me but I already knew and I know some of the other board members in this meeting also knew some info about this situation)5. On monday 9/19, there is to be a report distributed to us at the board meeting and we are to vote on a course of actionOther facts:1. ED was told in July that she was being investigated and told that they could not give her the details. She was only told the things I mentioned above in #22. According to the staff handbook:If the grievance involves the Executive Director, the employee may file his or her written grievance directly with the President of the Board of Directors. The Board of Directors generally will not consider individual employment issues as appropriate matters for review, unless exceptional circumstances exist. The Board will determine the method it will use to resolve the grievance and will make every effort to do so in a timely manner.- the grievance was not submitted by any of the 2 or 3 employees involved. it was submitted by 2 board members, 1 of which I believe has an issue with the word 'No' and the fact that the ED told her no about something she wanted to do with one of the programs. she also explained why she was saying no even though this falls under a staff related issue and should not have involved the board member in the first place. This person also seems to have a sense of entitlement because she has money. so she has on multiple occasions interfered with staff or undermined the ED.3. The ED was subjected to 2 hours of questioning yet still not given specifics on what the situations were that she is being accused of. the only reason she said yes to the questioning is because she figured she could probably figure out what was going on based on the questions asked4. it has taken 3 months to investigate and for the committee investigating the grievance to come up with some corrective action that the board will need to vote on Monday (side note - this only involves maybe 2 -3 staff persons out of a staff of maybe 10-15 people). Mind you there is a report about the incident which the ED has not seen and therefore has not been given the opportunity to put her side in writing. yet as a board we are expected to vote on Monday as respects to corrective action.5. The ED has been in the non-profit sector for 20 years and has been with this non-profit for about 10 yrs. She has never had any complaints until now. At no point in time did the committee seek the advice of legal counsel. Lastly the ED is in 3 protective classes:- female- african american- over 40With just this limited information, what are your thoughts? To me, looks like a good EPLI claim waiting to happen. Thank you for your time.

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Asad Rahman

Attorney

J.D.

3,166 satisfied customers
The company I worked for recently shut down its Dallas area

The company I worked for recently shut down its Dallas area office resulting in the layoff of myself and eight others. We are all engineering professionals and all over fifty. We all received the same release agreement and severance package (i.e., one month's pay and one month's Cobra). The package was presented as a “take-it-or-leave-it” proposition. There are parts of the agreement that seem a bit onerous, so I'm looking for someone to review the agreement.

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Infolawyer

Attorney

Juris Doctor.

37,622 satisfied customers
I recently worked for the YMCA in an After School Elem Age

I recently worked for the YMCA in an After School Elem Age Care Program. On the last day of school (June 2016) my manager very casually told me that if I wanted some hours in the summer to contact her. Meantime the Y hired a lot of college girls for their summer day camp - full time jobs for the summer for the most part. Now the PA Unemployment Office wants me to pay back some of the monies that they paid me incorrectly (LOTS of confusion in the initial app process) I suspect an age discrimination issue but don't know where to start. What do you think? Thank you

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5,238 satisfied customers
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

18,954 satisfied customers
I have been with my employer for 23 yrs. In 2007 they

I have been with my employer for 23 yrs. In 2007 they announced that they are going in a more youthful direction and began to harass, and belittle the senior employees. After one of the employees was fired in 2012, she filed a charge of age discrimination against my employer. My employer finally received the determination letter in July which charge them with age discrimination. There were 3 former employees as well as myself (still employed there) included. Unbeknownst to us, the EEOC has started conciliation with my employer without us, because they said there were too many of us. In the meantime not knowing this, I contacted a lawyer for a consultation feeling that since I was still employed there that I felt better if I had someone guiding me in the conciliation. I sent this lawyer all documentation, determination letter and original charge. I need to add that besides the age discrimination, I have been since 2007 discriminated against my hearing disability for which I have many witnesses and documentation for. I just received an email today from this attorney stating that my case did not fit his companies profile and wished me luck. Three minutes later he called my former co-worker asking if she needed representation. (the girl who filed the original charge who was fired) Because I am still employed there, although severely harassed for 9 years, would this be why he did not want to represent me thinking there would not be a big payout for him? We thought it was weird, but to me, it causes me alot of anxiety feeling like I don't have a voice with the EEOC settling for me. I am aware that the employer is at a disadvantage not knowing all the evidence in conciliation. Your thoughts?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Patrick, Esq.

Doctoral Degree

17,822 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

5,330 satisfied customers
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