Aren't employers required to provide ages and positions of employees left behind?
Been laid off 3 times in the past 8 years from 3 different companies. Each company except the last provided a list of company positions and ages of those employees that remained. Is there any recourse to get this info from my last company and what is the law?
Thanks!
Answers (2)
Following up on Chris' comment, the demographic information to which you refer is only required when:
1. The employer is subject to the Age Discrimination in Employment Act and
2. The lay-off is part of a reduction in force (i.e., more than one lay-off).
If just you are being laid off, there is no obligation on the part of the employer to provide that information.
Harold M. Goldner
posted by Harold Goldner | Aug 11, 2009 12:53 PM [EST]
1. The employer is subject to the Age Discrimination in Employment Act and
2. The lay-off is part of a reduction in force (i.e., more than one lay-off).
If just you are being laid off, there is no obligation on the part of the employer to provide that information.
Harold M. Goldner
posted by Harold Goldner | Aug 11, 2009 12:53 PM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, the Older Worker's Benefit Protection Act ("OWBPA"), a federal law, requires that in certain layoff situations, IF the employer wants the employee to release age discrimination claims, the employer MUST provide certain statistical information to the laid off employees (i.e. age of laid off employees, positions eliminated, etc.). The OWBPA does not require such information to be provided; it only states that waivers of claims will only be effective if such information is provided.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Aug 11, 2009 12:24 PM [EST]
That being said, the Older Worker's Benefit Protection Act ("OWBPA"), a federal law, requires that in certain layoff situations, IF the employer wants the employee to release age discrimination claims, the employer MUST provide certain statistical information to the laid off employees (i.e. age of laid off employees, positions eliminated, etc.). The OWBPA does not require such information to be provided; it only states that waivers of claims will only be effective if such information is provided.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Aug 11, 2009 12:24 PM [EST]
Answer This Question