I work in a warehouse with 2 other people and I' am the supervisor. The company has over 500 employs. Our manager told us one of us would be layoff in 4 weeks. They will not tell us who it will be until the 4th week. I'm the oldest person and have a clean work record. Can they legally lay me off?

Thank you

1 answer  |  asked Apr 25, 2012 1:12 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
The answer to your question is yes.

Your question did not indicate how old you are or how old your fellow warehouse workers are. But age alone won't prove a claim of age discrimination. You have to prove that age was the reason for the decision. It is not enough to prove that age was a factor along with other factors. (Congress is working on fixing that problem following a recent Supreme Court decision that treats age discrimination different from other forms of discrimination in that regard.) The fact that you are the supervisor means that you probably make more than the others. Choosing you for layoff so as to maximize the savings to the company is a legitimate basis for choosing you over the others.

Better dust off your resume.

posted by Francis Fanning  |  Apr 25, 2012 2:40 PM [EST]

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