QUESTION
Over 40 worker being discriminated against
Asked on Dec 08th, 2015 on Discrimination - Virginia
More details to this question:
On Nov 10 I was verbally told of a RIF. I am over 40. I don't know the total number in the RIF. I work for a very large company. I still have yet to receive any written documents including how much my severance is, or any documents relating to the "over 40 worker". I was not told I had 21 days or 45 days to sign anything. There was no documents given to me to sign. All I know is I don't have a job, don't have benefits, and don't have a paycheck. I totally feel like I was discriminated against because my Vice President said he was forced to cut costs so he chose the majority of people to include in the RIF from a certain salary range. I want to find out if this majority of people are over 40 but with no documents provided me I don't know how to prove anything. Like I said, this verbal notice was given Nov 10 and it is now almost Dec 10.
1 ANSWER
The Older Workers Benefit Protection Act includes the 21- and 45-day deadlines you mention, as well as provisions for informing laid-off employees of the breakdown of the layoff. However, the OWBPA only requires such notice if the employer wants you to sign a release of your claims under the Age Discrimination in Employment Act.
As for age discrimination, the ADEA prohibits companies with more than 19 employees from discriminating against employees based on their age. Compensation-based RIFs can be used to obscure age discrimination, but if the decision maker did not consider age, there is no ADEA violation.
Such cases are very fact-specific because they turn on whether you can prove that the decision maker had an unlawful intent. Please call us to schedule a consultation.
Answered on Dec 14th, 2015 at 12:57 PM