Posted by jose bagge on April 30, 2008 at 11:37:57 from (12.161.55.2):
In Reply to: Age discrimination? posted by dej(jed) on April 30, 2008 at 08:52:03:
Actually, if you are over 40 years of age you are in a "protected" category just as a woman or minority might be, and a claim could be made even at that age. However, as far as an actual case goes, you would need to prove one of the following: 1. That the company has a pattern of terminating older employees rather than younger ones for similar issues; 2. That you were terminated without cause specifically because you were an aged employee. 3. That younger employees were not terminated for the same issues (if cause was given).
As far as terminating highly compensated employees and replacing them with cheaper help, in a "right to work state" the company can legally do it- although it is absolutely reprehensible. Circuit City recently did this in Virginia, and the negative publicity from this is probably the reason their business has tanked and their purchase by Blockbuster is immenent.Most of the "highly compensated" associates are typically older because their wage is based on tenure. I am NOT an attorney, but i am pretty familiar with HR issues of this type since I have a lot of employees.
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