I am 65 and my job was eliminated. I was told in March of 2017 that why would I want to work so hard at my age. I was a manager and they decided to hire a senior manager over me. I worked 6 Days a week and 10 hour days. There was nothing in writing that m

There are enough facts in your description to support you consulting with a qualified plaintiff's employment lawyer. Age discrimination is a very real thing in companies these days and I've seen it many times where men in their 60s are systematically laid off or fired so as to keep you from retiring, or to save the employer money by hiring someone younger and cheaper. Any good lawyer will need more facts from you in order to give you good advice. But I'd move quickly. There is a one-year statute of limitations to file a claim with the California Department of Fair Employment and Housing (DFEH) and a shorter statute of limitations if you choose to file with the Equal Employment Opportunity Commission, so whatever you decide to do, do it fast. If you most fast enough, and if there are enough facts to support a colorable age discrimination claim, a good lawyer may try to negotiate a good severance for you.

posted by Gay Carroll-Haring  |  Jan 15, 2018 5:37 PM [EST]

It's possible that you have a legitimate claim for age discrimination, but more facts are needed to determine that. The critical questions are (1) how and why you were selected for a lay off; (2) how many other people were laid off and what their ages are; and (3) whether there is any other evidence that age was the factor or a factor in making the termination decision and lay off is used just as an excuse. The comment you referred to alone will likely not suffice so more evidence would be needed.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer

posted by Arkady Itkin  |  Jan 14, 2018 11:52 AM [EST]