Older contracted workers being replaced by young for less.
My company is forcing myself and others to resign. We have been with the company, average 38 years and more. This is being done by calling us into meetings and saying we are not doing well then threating to fire us if we don't sign a letter of resignation typed by the State Exec. So far there are 10+ of us in the US. Can they do this? My contract has a 30 day to terminate clause for them or me. I am 68, they are replacing us with young reps. on new contracts with lesser percentage payments. I rank 30 our of 526. Can they do this?
1 answer | asked Mar 7, 2002 8:51 PM [EST] | applies to Illinois
Answers (1)
Older contracted workers being replaced by younger
It is difficult to tell from the information you have provided what the employment relationship is. But as a general rule, under the Age Discrimination in Employment Act, it is illegal for a company to discriminate against older workers in favor of younger ones. The key is that in order to be covered, the older worker must be over 40. Lets be clear here -- the age of the younger worker is not a concern so long as he is younger. In other words, a 50 year old person who is discriminated against in favor of one who is 45 may still have a cause of action. However, the proof of such claims is not always easy. In the case described, the large numbers of older workers being replaced by younger workers is extremely helpful because it not only creates a pattern, but the company is going to have to provide individual reasons for each person terminated.
posted by Aaron Maduff | Mar 9, 2002 12:34 AM [EST]
It is difficult to tell from the information you have provided what the employment relationship is. But as a general rule, under the Age Discrimination in Employment Act, it is illegal for a company to discriminate against older workers in favor of younger ones. The key is that in order to be covered, the older worker must be over 40. Lets be clear here -- the age of the younger worker is not a concern so long as he is younger. In other words, a 50 year old person who is discriminated against in favor of one who is 45 may still have a cause of action. However, the proof of such claims is not always easy. In the case described, the large numbers of older workers being replaced by younger workers is extremely helpful because it not only creates a pattern, but the company is going to have to provide individual reasons for each person terminated.
posted by Aaron Maduff | Mar 9, 2002 12:34 AM [EST]
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