QUESTION
I was recently layed-off from Helmerich & Payne Inc. I am 62, with a lot of seniority. Is this age discrimination?
Asked on Mar 04th, 2015 on Labor and Employment - Pennsylvania
More details to this question:
My supervisor was not clear as to whether I was officially layed-off or not. I have lost my health insurance. The COBRA (for Kaiser Permanente) coverage being offered is NOT affordable. I live in CA, but was working in PA when layed-off. My wife registered with Covered California, and their rates are even more expensive than COBRA! Since I had high seniority and was just a few years from retirement, I feel that I was discriminated against because of my age. I wanted to work until retirement; I have been a loyal employee for 30 years. Do I have legal recourse?
1 ANSWER
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The answer to this question will depend very heavily on the facts.
Since you are 62, you are part of the protected class category under the Age Discrimination in Employment Act (which applies to employees 40 years of age and older).
The question becomes whether you were laid-off because of your age. This depends on a number of factors.
How does the company treat other older employees?
Has anyone made comments about your age?
How are your performance reviews?
What was the stated reason for the lay-off (I'm assuming it was due to budget issues)?
Were other employees laid-off or just you?
These are just a few of the questions that are relevant to determining whether you were discriminated against based on your age.
Answered on Mar 07th, 2015 at 8:58 PM