Age discrimination?

I was recently terminated from after 11 years of very good performance reviews, due to violation of their "social networking policy". My offense had to do with a personal site.

The CEO of the company just recently violated the same "social networking" policy by publicly insulting fat people and saying he would not hire them, and would fire them if he could.

I was terminated with no severance and they are contesting unemployment.

I'm 53, and the last four or five terminations in the department have all been over males over 40.

1 answer  |  asked Mar 2, 2010 06:30 AM [EST]  |  applies to Ohio

Answers (1)

David Neel
You have the makings of a possible age discrimination case. More information is needed though. As a general rule, if for example 10 over forty employees are terminated compared to 8 employees under forty, then this fails to indicate discrimination. This is known as the "4/5's rule." It is a rule of thumb. There are less simplistic statistical tests that can be performed to determine whether discrimination occurred.

The fact that the CEO engaged in the same conduct could be useful to show that the reason you were given for termination is not credible, a potentially important consideration in a discrimination case.

Regarding severance, there is no general rule that requires payment of severance.

posted by David Neel  |  Mar 2, 2010 10:03 AM [EST]

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