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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118658
Experience:  20+ Years of Employment Law Experience
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I live in Oregon. I have been employed by the same company

Customer Question

I live in Oregon. I have been employed by the same company for 15 years with no record of disciplinary action and steadily promoted over the years. I am 58 years old. We recently had an upper management change and
it has been subtlety suggested that it is time for me to go. During my last conversation with my manager she told me she wished she could offer me a retirement package but the company didn't work that way. At no time did I mention retirement or wanting to retire to her. There have been similiar comments made but only between the two of us so nothing I could prove.
I work for a very large company with a national footprint. They are very sensitive to HR issues particularly regarding older employees. I know this from my colleagues who have
attended HR forums for managers.
My manager has started to micro manage me and write me up for ridiculous nonsense. I know I am on my way out and I would like to get some type of package. The company has done this in the past but I believe their policy has changed recently.
I would like to speak to my HR department about it but I obviously would "play my hand" if I was to do this. I don't believe they would advocate for me as the have the companies best interest to protect.
Should I seek the counsel of an attorney?
TY
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is unlawful to terminate, seek to terminate or harass someone based on their age. It is contrary to the Age Discrimination in Employment Act. So, for an employer to hint about retirement and as such age of the employee, they would be violating the law regarding hostile work environment based on age and you can file a complaint with the EEOC for that hostile work environment if you do not think HR will stop the conduct.
The EEOC can then issue you a right to sue letter if they find the employer's conduct did indeed harass you based on your age.
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