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My company has yearly downsizing both Voluntary quickly

Customer Question
My company has yearly...

My company has yearly downsizing both Voluntary quickly followed by Involuntary. I have been employed for 18 years as an Administrative Assistant. I was told last week by my manager that I will be replaced by an AA with a Contract Service. He told me the reason was that his manager who is an executive V.P. wants his department heads to only have contract AA's while he will retain a Regular full time employee as his AA. There are currently 6 AA's in his department and 4 have been and retained contractor status. I am the only other AA besides his that is Full time regular. Is this legal or is it discriminatory. I am 59 years old. Thank you.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I

Submitted: 10 months ago.Category: Employment Law
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Answered in 1 minute by:
10/6/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,844
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

In order for you to have a claim, you have to prove you are the only one over 40 being treated this way to prove your age is the reason for the different treatment. If they retained some of the AA as contractors, then you have to show you were not retained based only on your age/race/sex/disability/national origin to have a case against the employer.

Furthermore, if the AA has their job dictated by the employer, it could very well be that making them contractors is ILLEGAL, so you also need to file a complaint with the US Department of Labor for the employer misclassifying people who should be employees under contractors and have the US DOL investigate the employer for this conduct.

These really are your options other than negotiating some severance package to leave on more financially sound terms.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
They have offered me a deference package but that will run out. I'm concerned that I will not be employable because of my age. I don't understand how it can be considered downsizinf when I'm being replaced.
Customer reply replied 10 months ago
It isn't a budget savings. It's just clear they don't want to pay benefits for me. That's legal?
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

It is legal to have an economic reduction of force or economic reduction, since benefits do cost significant money. However, if they are misclassifying employees to do so and are making people who should be employees into independent contractors, this is against the law and the US Department of Labor would investigate those claims.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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