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We have employed a female in our credit/accounting dept for

Customer Question
35 years and she is...
We have employed a female in our credit/accounting dept for 35 years and she is now 67 years old. She also served as the assistant manager for the dept. Our new CFO is restructuring the accounting dept and changing the qualifications for each position. The qualifications for the new assistant manager position for this dept will include a 4 year degree in accounting, excellent accounting knowledge and experience with related accounting software. Our 67 year old female does not have this 4 year degree, in depth accounting knowledge or software capability. Can we reposition her to the job of credit analyst which would also reduce her salary from $89K to $50k? Or would this violate provisions of the ADEA?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Nebraska
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Performance appraisals have been adequate to date
Submitted: 6 months ago.Category: Employment Law
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5/10/2017
Employment Lawyer: Ray, Employment lawyer replied 6 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,400
Experience: 30 years in Employment law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 6 months ago

Yes you can here just understand you have to justify that this was not based an age here. If you can show that it is strictly based on a change in job function you likely can justify it.You would need to show that there is a need here to change the duties, skills, etc and it wasn't because of her age.Since there are more than one position being changed it does make it appear to be a more broad based updating rather than directed against her directly.

I think if you have other positions that have changed and new people you would be able to sustain it here.

I appreciate the chance to help you tonight.Thanks again.

If you can postive rate 5 stars it is much appreciated.

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Employment Lawyer: Ray, Employment lawyer replied 6 months ago
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Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,400
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Experience: 30 years in Employment law

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