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Recent Age Discrimination questions

I'm 57 yrs old & have worked for Wells Fargo Home Mortgage

I'm 57 yrs old & have worked for Wells Fargo Home Mortgage for 26 yrs, part-time evenings. I work 3 evenings, a total of 21 hrs/week. I have full benefits (i.e. 401k match, vacation, profit share, full medical). Along with my base salary, I receive 15% shift differential. I am also eligible for severance pay, which is capped at 25 yrs of service at 16 mths. Approx mid-July, we were informed that the dept will no longer exist, therefore, we are being transitioned into a 40 hr week, Mon-Fri. The position is considered lateral, but is an entry-level data entry position. We currently are titled as Loan Originators & duties included processing, closing, & underwriting duties. We also assisted with borrower's questions and/or concerns regarding their loan process. Shouldn't they have offered us a choice between displacement with severance and continued employment, since the work schedule & position are totally different?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Minnesota.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Of the 8 people affected by this, 3 are 55+ & have 25+ yrs service.

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Marsha411JD

Doctoral Degree

18,830 satisfied customers
I have an age discrimination case. Perhaps, not a strong

I have an age discrimination case. Perhaps, not a strong one. I resigned from my company,because I was getting abusive treatment, and did not want to endure the humiliation.After resigning, I asked for unemployment and received it.Now, the case is trying to settle. My company's defense is that I quit, and they said I wasa "valued" worker. I am wondering if this adds up. Why would a company readily acceptthe resignation of a "valued" worker, and then give him unemployment for a resignation.I understand that employees who resign are often pressured to resign, rather than havea "termination" status on their record. They could they get unemployment. But "valued"workers would be encouraged to stay on. I see my company's stance as a contradiction,an evidence of lying. Please respond.

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John

Attorney

Doctoral Degree

7,498 satisfied customers
Not sure if I have anything or not. I am the Safety Director

Not sure if I have anything or not. I am the Safety Director for a company that has four divisions. The division i mainly cover for has parked the trucks and is no longer operating. I was asked to stay on for sixty days to help close down operations. Now I find out it is to train my replacement. Although I worked mainly for the trucking operation I still performed new hire orientations, Safeland training, drug & alcohol screening, accident investigation, and occasionally conducted monthly safety meetings for the division that is remaining operational. The person taking my place has none of the certifications needed to replace me. The company has already paid for him to become a drug screen collector and next week he will go learn to be a Safeland instructor. I am 58 years of age and this person is much younger.JA: What state is this in? And how old is the truck?Customer: Oklahoma, there are many trucks, a fleet of 60 when they shut down operations.JA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: I feel my employer will say age was not a factor it was a money decision, however I would have take another pay cut if they would have asked.JA: When we are ready I'll take you to the appropriate web page.Customer: ok

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
I am a 61 almost 62 year old man having great difficulty

I am a 61 almost 62 year old man having great difficulty finding work i the last few years. Recently I was approached by a firm out of CT to join a team selling services i know very well, and could add value. At the same time I was talking with two other firms about some consulting/contract work for 6 months or more. The CT firm was full-time role, less money but benefits and they really wanted me to join. I interviewed with 4 people in log phone discussions, written plan and made a final trip to CT on 8/9/16 to meet my new boss from India and the CEO of the company. Offer was made, accepted, officially turned down the other offers as this company was aggressive in how i could really assist their business. Started Monday 8/22/16 and today was called and told by an SVP that today was my last day due to bad communication with a company this firm is merging with, sorry but no real explanation, they said it was an oops! I turned down other potentials for a payday and they made a mistake that is costing me greatly especially at my age.

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Marsha411JD

Doctoral Degree

18,830 satisfied customers
I need to know if I have any re-course against an employer I

I need to know if I have any re-course against an employer I interviewed with. I feel I was discriminated. I am a 60 year old Female.I submitted my resume, was contacted by the Co. Recruiter,had a phone interview with the Co. Recruiter, he said he was impressed, I met all the job requirements. He scheduled a face to face interview with one of the Dept. Managers.The interview went well, the manager told me that she would need to schedule another interview with her Manager, (The actual hiring Manager )as she would be the one to make the final decision. She would contact me within the week for a time.I was never granted an interview with the hiring manager, instead, I received a rejection letter, (I didn't have the work experience or knowledge for the position).I contacted the recruiter as I thought the letter was sent in error. I asked the recruiter for an explanation, as it was not a reason for rejection. He came back with another response (The Managers did not think you were a good fit, you would be more suited to work else where, vise versa.)Once again I contacted the Recruiter, I reminded him that I only met one Manager, not the Manager who makes the decision.I have trouble accepting the fact that I was pre-judged and dismissed without having the opportunity to meet the hiring manager as promised. They formed an opinion on my behalf, for the record, I personally thought I would fit in.Once again, I sent a final e-mail to the Recruiter requesting that he elaborate on why they thought I would not fit in , I needed to know so that I could prepare myself for future interviews.As of today, I have not received a response, the e-mail was sent 8/16/16Please advise. Thank You Ann **********************

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 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

22,558 satisfied customers
My wife has a management position in the healthcare

My wife has a management position in the healthcare industry. She was recruited into the organization 6 years ago and received a significant promotion 2 and a half years ago. She then received increases of 12% and 6% in the first quarter of 2015 and 2016. She has never been made aware of any performance issues and is highly regarded.Her boss, in the process of interviewing candidates for a similar position at a different location found two acceptable male candidates and has told my wife that he wants to put one of them into her position in November and made the offer to continue my wife's salary until Christmas.Does she have legal recourse if he does this and/or what should she expect as a severance. My wife will be 69 this month.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
My daughter, a Speach pathologist, was fired for "non

My daughter, a Speach pathologist, was fired for "non compliance" which precludes getting unemployment benefits I am told. Her infraction was documenting the treatment activities on one patient while in the room of a second Speach patient.The reason was too few working computers in that hospital.She was singled out because most care givers are forced to do this in this hospital.My question is "non compliance" is a professional competence alegation that may make it more difficult to get another job in her field.She is 56 years old and at the top of the compensation scale

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
I feel I am being denied opportunities for advancement or

I feel I am being denied opportunities for advancement or transfer to other positions within my company because my disability as well as my filing a discrimination claim several years ago. I can't prove this but I am either not offered interviews for internal jobs I apply for and I am qualified for or "a strong outside candidate" is selected over an internal one (me)..how do I show I am being "blacklisted" and what can I do to "prove it"?

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Thelawman2

Doctoral Degree

1,712 satisfied customers
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