age discrimination

I am a General Manager with over 30 years of exemplary service to the company. Due to business reduction the company has informed me of my pending termination. I've requested to retain the one GM spot that remains in this area, (there are/were two), but have been denied. The other GM has less than 3 years of service, is younger, and makes less and there has been a reference to a preference for someone other than me with a more "energetic style". (This was after I suffered a mild heart attack, but still went back to work after 3 days out). I think I may have a case for age discrimination, wrongful discharge, and other, (defamation, retaliation), but I am uncertain if the employer is obligated to "bump". Need advise.

2 answers  |  asked May 4, 2003 01:31 AM [EST]  |  applies to California

Answers (2)

Joan Herrington
age discrimination

I echo Janet Koehn's analysis and advice. Don't wait; act now, especially if they are offering you a severence package conditioned on a release of all known and unknown claims.

posted by Joan Herrington  |  May 5, 2003 6:27 PM [EST]
Janet M. Koehn
consult as soon as possible

what you state appears to make out a prima facie case of age discrimination, if the person making the remark you cite was a decision-maker. you need to meet in person with an attorney experienced in employment law, as soon as possible, so as not to jeopardize other rights you have (such as under the older workers benefit protection act). you can locate such an attorney near you by going to the cal employment lawyers assn website (celaweb.org). you are welcome to contact me for a free phone consultation.
good luck
janet m. koehn
805-658-0655

posted by Janet M. Koehn  |  May 5, 2003 10:40 AM [EST]

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