QUESTION
My position was eliminated and was told I was not eligible for Severance.
Asked on Aug 21st, 2014 on Labor and Employment - Indiana
More details to this question:
My position as a senior director was eliminated. I requested the severance package that is outlined in Company Policy. The HR VP stated the policy did not apply to me because the division I worked for actually follows another division of the Company. When I requested a copy of that policy VP stated she would need permission from Legal Dept. I was paid by the Company. Handbook refers to the Company. Handbook refers to Company. Since employed with them have we ever referred to the other division . All I am eligible to receive is unemployment . Note: 24 year associate with no performance issues. Need guidance.
1 ANSWER
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Dear Anonymous,
Indiana follows the "at-will" employment doctrine, which basically means that your employer can terminate you for any reason, but they cannot discriminate against you on the basis of age, race, national origin, religion or pregnancy. If your employer has truly eliminated your position, then it may well be that the termination was legal. However, if your employer simply used elimination of the position as an excuse to terminate you, when in fact they terminated you because you were over 40 and they replaced you with a younger, less expensive employee, then it is possible that you were discriminated against based upon your age. The Age Discrimination in Employment Act ADEA prohibits this kind of discrimination by employers. However, even if you suspect that you have been discriminated against based on age, these cases can be very difficult to prove. If you believe that you have been the victim of discrimination, you should contact the Equal Employment Opportunity Commission and file a charge against your employer.
Best of luck,
Chip
Answered on Aug 28th, 2014 at 12:33 PM