Join the 9 million people who found a smarter way to get Expert help

Recent Age Discrimination questions

I have been accused twice by HR for harassment by the same

I have been accused twice by HR for harassment by the same associate while my leadership has disagreed because the associate publically praises me as a leader both written and verbal. I have the highest engagement survey results of any team, however HR has twice accused with no investigation (just the associates wording).JA: Because laws vary from place to place, can you tell me what state this is in?Customer: TennesseeJA: Is the employment agreement "at will," union, full time or part time?Customer: at will - full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

Read more

Marsha411JD

Doctoral Degree

19,404 satisfied customers
I have been on the job 23 years and worked without an

I have been on the job 23 years and worked without an employment contract. I have excellent performance and have made the company significant money over the years. The principal of the company died unexpected and his successor was doing things that violated employment law when I called him to task was replaced but stayed a partner. Soon after I was told that I needed to be under an employment contract my wages were cut my bonus was delayed by 8 months and was told future bonus would be discretionary. In the employment contract the term was for a year and they could terminate me without cause in a year. I think it is being done to avoid any age discrimination laws because I'm 62 years old and have excellent performance. Thoughts?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ArizonaJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm a fulltime CEO of the company and have been under a verbal agreement with the company. So at will. They want to have me sign an employment agreement that would give them an out in a year.JA: Anything else you want the lawyer to know before I connect you?Customer: In the new agreement they want me to for go 640 hours of PTO time collected and want to cut my PTO time in half. If I go out on disability that lasts longer then 6 weeks Im automatically terminated.

Read more

P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
If a supervisor shows a consistent pattern of preventing an

If a supervisor shows a consistent pattern of preventing an employee over 40 from doing their job, (by withholding key job-critical information, covertly bypassing the employee and setting up "favorite" younger employees to do the employee's work, etc.) then presents misleading/false statements in the +40 employee's performance appraisal that results in no pay raise, has the supervisor committed illegal actions in the state of Washington?-Through the following fiscal year the +40 employee demonstrated strong performance and achievement of all tasks directed by the supervisor, checking closely and receiving confirmation from him along the way that performance was on track. At the same time, the +40 employee kept track of documentation and detailed evidence that the supervisor's above mentioned sabotaging behaviors in favor of younger employees continued. At the end of the next annual review period, out of the blue, the supervisor called him to a meeting with an HR representative and presented him with a "written warning" containing an additional assortment of false statements and referenced the previous year's false performance review as the basis for threat of further action affecting his employment. The supervisor's ongoing/verifiable failure to enable the +40 employee to do their job at optimal performance then issue the warning without following the proper procedures clearly corresponds to the company's timing/needs to downsize and curb costs. It also followed the supervisor's same treatment of another 40+ employee several months earlier. Does the verifiable pattern of setting up a +40 employee to fail, then distributing a falsified Performance Appraisal to deceive HR, etc. into believing the employee has performed poorly stand as "obvious" evidence of the supervisor's intent to harm the employee? (i.e., cause termination of a consistently strong performing long-term employee without severance pay.) Can this intended outcome targeted to a higher paid +40 employee also establish that the supervisor's motive for distributing fraudulent performance information to third+ parties was for the purpose of saving the company costs? In this scenario described, does the supervisor's documented efforts to "set up" a subordinate to fail and the series of two falsified performance appraisals provide substantial documentation of pre-meditated plans to facilitate the wrongful termination of an employee in a protected class?

Read more

John

Attorney

Doctoral Degree

8,126 satisfied customers
This is a bit complex but I will try to keep it brief. My

This is a bit complex but I will try to keep it brief. My employer, IBM let me go, two months before my 65th birthday. IBM has a ton of lawyers, they are not an easy company to sue. I have worked for IBM for 11 years in a Sales capacity, had very good to great reviews, in fact was in the top 1% of the salesforce worldwide in two of those years. It is hard to keep things secret in IBM and many people internally believe that IBM is systematically doing this to people over 59.Quite frankly, I don't mind. I can retire and am currently having a good time. I can find work if I want it. I was given two months to finish up and a month of severance. However, IBM's automated expense system has some issues and it managed to leave me with a $1,100 American Express balance. IBM is clever-they put the credit card in the employee's name. Not much money and I have filed a claim for them to pay it but it's been 45 days and no news on that. IBM now Is asking me to sign some papers which essentially take away any rights to sue and specify binding arbitration. If I sign them, they will pay me 18 days of unused vacation, worth about $3,500.Obviously, it is more cost effective for me to pay off the AMEX balance and collect the vacation pay. Not sure I want to sue for age discrimination. A friend of mine, an attorney in Maryland keeps encouraging me to do that suggesting I can get a settlement, given that I probably have a decent case and that since IBM seems to have a pattern of getting rid of older employees, they probably don't want trouble. Is this even worth pursuing?One other interesting point. You may not know this but IBM has been in a bit of trouble with the SEC lately due to a few questionable sales transactions. I believe they have probably settled with the SEC but have not been very forthcoming in their 10K or 10Q about the nature of those transactions. In fact, there are several things I know about IBM that lead me to believe they are not being forthcoming to their investors. They mention these as “not material” footnotes in the 10-K but to me, they seem very material. My lawyer friend tells me I should be a whistleblower. Not sure that is a very good idea, tell me what you think if you can.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: North CarolinaJA: Is the employment agreement "at will," union, full time or part time?Customer: Company is HQ'd in New York. Full-time, non-union, I would guess "at will".JA: Anything else you want the lawyer to know before I connect you?Customer: See what I sent previously

Read more

John

Attorney

Doctoral Degree

8,126 satisfied customers
I have a question in regards to being, "Let go" as of

Hello. I have a question in regards ***** ***** "Let go" as of yesterday. I was under the impression that I was to receive a end of the year bonus from my now previous employer. But, I have not received it. I am unsure if they are supposed to pay it if they didn't tell me that I am not getting a bonus. Should I get the end of year bonus or not?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Minneszota whoops MinnesotaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time. What is "at will"?JA: Anything else you want the lawyer to know before I connect you?Customer: Not at this time. Thank you.4

Read more

Marsha411JD

Doctoral Degree

19,404 satisfied customers
I was offered a severance package from my employer of 20

I was offered a severance package from my employer of 20 years after they let me go today. It was for only 8 weeks and they said they would lay me off. They said the position was being restructured.

Read more

Patrick, Esq.

Doctoral Degree

19,006 satisfied customers
I got fired foir "not fittingin the with the culture": and

Hi I got fired foir "not fittingin the with the culture":JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: and they compared me to younger coworker who worked more hoursJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: just want to know if I have a case for age discrimination

Read more

LawForAll

Principal Attorney

Master's Degree

4,050 satisfied customers
My position in a company I have worked for nearly 14 years

My position in a company I have worked for nearly 14 years reorganized the dept. We were allowed to interview for the "new" positions which werected basically our current role split into two jobs. All new people placed are under 40, and some do not meet basic job description. What is needed to prove age discriminationJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Fl..also have never received any job performance issues, and annual reviews have been above lever or at the highest levelJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm exempt manager, full time at will. Work from home, Corp office in Bethesda, mdJA: Anything else you want the lawyer to know before I connect you?Customer: No, we had team of 8, many in company 30 years, in position over 12. Replaced by 20-30 yrs Olds. Many we hired (job is University Recruiting) no job performance issues at ally, in fact newly created program is tripling results this year

Read more

ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
How can I prove my age discrimination case, can you give me

Hi Pearl How can I prove my age discrimination case, can you give me a outlineJA: Because laws vary from place to place, can you tell me what state this is in?Customer: coloradoJA: Is the employment agreement "at will," union, full time or part time?Customer: Colorado is at will, they gave me a test that was unfairly graded I have proof I just need to prove age discriminationJA: Anything else you want the lawyer to know before I connect you?Customer: I m in fed court defendants are trying to get it dismissed

Read more

Phillips Esq.

Attorney

Juris Doctor

20,276 satisfied customers
View more employment law questions
In The News