Age Discrimination or Just Lay Off ?

We have a former employee who has sued us for age discrimination. The employee was laid off after one year of employment from a Part Time position and the position was not refilled due to economic reasons. She claims because we kept a younger man in a similar Full Time position that was hired after she was that we discriminated. Does she appear to have any case?

2 answers  |  asked Sep 19, 2007 1:39 PM [EST]  |  applies to Indiana

Answers (2)

Lindsay Boyd
more information required

Does she have a case is not a fair question. However, because the employee
who was kept is FT, and she was PT, the two are not similarly situated
employees. I will need more facts to make a determination. How many
employees does this employer have? How many employees have been laid off or
termed for economic reasons" What's the age makeup of that group of people?

posted by Lindsay Boyd  |  Sep 19, 2007 3:42 PM [EST]
Lindsay Boyd
possibly

Your question does not give enough information to give an answer. It is possible that she has a claim. In any event you will have to defend against the claim and the defense will not be free or cheap. Our firm charges 200 hour and requires a 5000 fee deposit to be credited against the final bill. If the male employee was under the age of 40 you may have a problem. I note that you said she, does she also have any basis for a sex discrimination or harassment charge?

posted by Lindsay Boyd  |  Sep 19, 2007 2:06 PM [EST]

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