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Old 01-10-2014, 11:26 AM
 
Location: Atlanta
3,024 posts, read 2,937,470 times
Reputation: 1862

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My mom was laid off 6 months before her 55th birthday (worked for the company for 15 years). In her department, 5 other people in the past year have been laid off, and they were all between the ages of 51 and 54.

It's obvious this is age discrimination...they don't want people to collect their retirement.

For years I've been telling my mother to document stuff for when the sh*t hits the fan but she never did. I'm pissed off because this affects ME---I can't afford to pay her bills and have been sending her money since the layoff...

Please tell me there's some sort of legal recourse for companies that engage in this sort of behavior.
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Old 01-10-2014, 11:53 AM
 
9,252 posts, read 15,540,154 times
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It is going to be difficult to prove (especially if they have workers over 55 and still have people retiring) and a lot of records will need to be subpoenaed and examined. I know a guy who got laid off after 18 years with the same company because he was the junior guy in his division.
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Old 01-10-2014, 11:57 AM
 
Location: Nassau, Long Island, NY
16,416 posts, read 27,757,510 times
Reputation: 7249
Quote:
Originally Posted by southkakkatlantan View Post
My mom was laid off 6 months before her 55th birthday (worked for the company for 15 years). In her department, 5 other people in the past year have been laid off, and they were all between the ages of 51 and 54.

It's obvious this is age discrimination...they don't want people to collect their retirement.

For years I've been telling my mother to document stuff for when the sh*t hits the fan but she never did. I'm pissed off because this affects ME---I can't afford to pay her bills and have been sending her money since the layoff...

Please tell me there's some sort of legal recourse for companies that engage in this sort of behavior.
Well, first of all, your mom and her coworkers are nowhere near typical retirement age ... unless they are working for a governmental entity and have been there a certain number of years and their age doesn't matter, they just have to have 20 or 30 years in or this company they work for gives a pension they can start collecting at age 55 (which is rare in this day and age for private sector).

Social Security retirement age is 65, and for younger people it goes up gradually depending on the year you were born ... age 67 and so on.

Would she have gotten a pension from the company at age 55? Otherwise, why are you saying "they don't want people to collect their retirement?"

If she retired at age 55, for instance, she would still not be eligible for Medicare for another 10 years!

As for age discrimination, people are protected by Federal statute from age 40, but they have to prove that was why they were let go.

If your mom and her coworkers can prove age was why they were let go, they have a case. She and her 5 coworkers should talk to an attorney that specializes in employment discrimination law. Six people of similar age being let go shows a pattern at least.
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Old 01-10-2014, 12:01 PM
Status: "Be the person your dog thinks you are" (set 19 days ago)
 
Location: Las Vegas, NV
545 posts, read 993,120 times
Reputation: 768
The remedies available for victims of age discrimination are comprehensive. In other words, if your mother was the victim of age discrimination, she may be entitled to a lot of money as compensation. Only a lawyer experienced with employment law in the state where your mother worked (and if she lives in a different state, that state too) will be able to give her complete advice about the likelihood of recovering any money for what has happened to her, and if she can recover money, that lawyer can describe to her how much money is possible.

If you want to find out more about what the law allows for legal recourse, here is one good site to review: Workplace Fairness. If you want to find an experienced employment lawyer near your mother (assuming she is in the USA), here is another good site to use: National Employment Lawyers Association.

Last edited by Coco6163; 01-10-2014 at 12:06 PM.. Reason: typo
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Old 01-10-2014, 12:01 PM
 
Location: Atlanta
3,024 posts, read 2,937,470 times
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Quote:
Originally Posted by I_Love_LI_but View Post
Well, first of all, your mom and her coworkers are nowhere near typical retirement age ... unless they are working for a governmental entity and have been there a certain number of years and their age doesn't matter, they just have to have 20 or 30 years in or this company they work for gives a pension they can start collecting at age 55 (which is rare in this day and age for private sector).

Social Security retirement age is 65, and for younger people it goes up gradually depending on the year you were born ... age 67 and so on.

Would she have gotten a pension from the company at age 55? Otherwise, why are you saying "they don't want people to collect their retirement?"

If she retired at age 55, for instance, she would still not be eligible for Medicare for another 10 years!

As for age discrimination, people are protected by Federal statute from age 40, but they have to prove that was why they were let go.

If your mom and her coworkers can prove age was why they were let go, they have a case. She and her 5 coworkers should talk to an attorney that specializes in employment discrimination law. Six people of similar age being let go shows a pattern at least.

She would be able to start collecting her pension at age 55 (as far as I have been told).
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Old 01-10-2014, 12:02 PM
 
Location: NJ
18,677 posts, read 16,310,970 times
Reputation: 7273
Quote:
Originally Posted by I_Love_LI_but View Post
If your mom and her coworkers can prove age was why they were let go, they have a case. She and her 5 coworkers should talk to an attorney that specializes in employment discrimination law. Six people of similar age being let go shows a pattern at least.
It may, but size matters. 6 of 60? 6 of 5,000? Big difference in the strength of the pattern.
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Old 01-10-2014, 12:05 PM
 
Location: Atlanta
3,024 posts, read 2,937,470 times
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Quote:
Originally Posted by bobtn View Post
It may, but size matters. 6 of 60? 6 of 5,000? Big difference in the strength of the pattern.

If you want to talk about the department only, then yeah, 6 of ~60 (or less). No idea if the pattern is company-wide. But likely so.
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Old 01-10-2014, 12:06 PM
 
Location: NJ
18,677 posts, read 16,310,970 times
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Quote:
Originally Posted by southkakkatlantan View Post
If you want to talk about the department only, then yeah, 6 of ~60 (or less). No idea if the pattern is company-wide. But likely so.
Consult with a lawyer.
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Old 01-10-2014, 12:14 PM
 
Location: Nassau, Long Island, NY
16,416 posts, read 27,757,510 times
Reputation: 7249
Quote:
Originally Posted by southkakkatlantan View Post
She would be able to start collecting her pension at age 55 (as far as I have been told).
Oh yeah then, she needs an employment lawyer.
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Old 01-10-2014, 12:16 PM
 
Location: Nassau, Long Island, NY
16,416 posts, read 27,757,510 times
Reputation: 7249
Quote:
Originally Posted by bobtn View Post
It may, but size matters. 6 of 60? 6 of 5,000? Big difference in the strength of the pattern.
Definite good point, what is the scope? I hope the OP's mom finds a good employment lawyer!
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