Replaced with Younger employee
About 2 months ago my company hired a Field applications Engineer for the west cost . Since this was also my title, I asked my supervisor if he really thought that we needed two FAE''s on the west coast. He assured me that we did, because he would be an outside FAE (travelling to visit customers) and I was the insides FAE. Then two weeks ago I was let go, with the explanation that the current economic conditions, they needed to cut expenses (this is correct as they have in fact cut a large portion of the work force but less than 33% of the total).
They are now asking me to come back as a consultant to train the new FAE to do some of the jobs that I did as the inside FAE.
It seems to me that, if there was only money for one FAE, the job should have been offered to me, rather that to the new hire.
Age 55
Employed a this company 6 years
No bad performance reviews, in fact was given an outstanding engineer award last November and I was granted new stock options at my last review.
Answers (4)
That you are 55 and have been replaced by a younger person (if indeed the new hire was younger) raises an inference of age discrimination. You have evidence that you were performing the job satisfactorily and that the job has not been eliminatd due to the reduction in force. Having handled many age discrimination cases over the years, I am interested in discussing your case with you. There is no charge for such a consultation. If you are interested, call me at 510 832 5800 or respond by email to kerrygough@mindspring.com For more information on my firm, visit my web site at www.goughandcohen.com
posted by kerry gough | Jul 12, 2001 4:26 PM [EST]
I agree with Janet and Abraham, and assume that the new employee was materially younger. I would be curious to know if you aware of any additional evidence of ageist intent such as other affected older workers or ageist comments. Like Janet, I specialize in representing employees in discrimination actions. I am also located in San Francisco and regularly handle cases in Santa Clara county. Please call if you would like to discuss, 415-487-0426.
posted by Richard J. Vaznaugh | Jul 11, 2001 8:12 PM [EST]
yes, tom. your question does not indicate where you are in california. please call to make an appointment if you want to discuss your situation further.
janet koehn
805-658-0655
posted by Janet M. Koehn | Jul 11, 2001 5:41 PM [EST]
Yes, Tom, it seems that you have the start of a good age discrimination case.
This is a scenario I have often seen before. When they start the new younger employee, they have already made the decision to let the older employee, who costs more for salary and benefits, go. Then they come up with a sudden excuse they have to cut costs.
I have often proved this from the company's own records, the offers made to the new employee, and the new employee's testimony about why they were hired.
In cases like this, the best evidence often "disappears" quickly...documents are lost, memories change, etc. A very fast and aggressive immediate investigation is crucial.
I have done cases like this for 24 years. Please call, or email for a consultation, and I can also email you my practice resume.
Abraham Goldman
800 945 9446
agoldman@succeed.net
posted by Abraham Goldman | Jul 11, 2001 2:03 PM [EST]
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