You’re about to have a reduction in force and you’re going to offer a severance package to those effected: one week of salary for every year of service in exchange of a full release of all claims. If one or more employees affected by the reduction in force is 40…
Yesterday, our guest blogger offered three tips for successful onboarding. Unable to match that, today, I have a less than successful way to encourage attrition — unless of course you like defending age discrimination claims. A federal court has permitted a plaintiff’s claims that his ex-employer created a age-based hostile…
Under federal law, the bar is set higher for proving age discrimination, as opposed to other forms of unlawful discrimination based on protected classes such as race, gender, or disability. While difficult to prove, a recent article from The New York Times suggests that age discrimination in the workplace…
The company that likes defending age-discrimination claims, that’s who. More after the jump… * * * Lenore Linkous worked for her Virginia bank as a Branch Manager for 11 years. Most recently, she received performance reviews for the years 2009 and 2010 stating that she “exceeds expectations” and “meets expectations,”…
If the movie “Office Space” has taught me anything, it’s to wear 37 pieces of flair to work — do more than the bare minimum — and to use a cover sheet with my TPS reports. And never mess with a man’s stapler. That too. Especially when you’re also moving…
What could go wrong when the boss’s son asks that question of, David, a nearly-40-year employee? Oh, right, David got laid off a week later. Age discrimination? Well, let’s see… We know that when an employer inquires about an employee’s retirement plans — without bringing up age — it should…
From the blog that brought you the classy September 2011 post, “This old mother****** may just have an age discrimination claim,” comes a story of a woman whom her former employer **cough** affectionately **cough** referred to as “Old Rose.” On other occasions, the plaintiff Rosemary Marsh was told, “you’re…
Sorry for the late post gang. Rough night last night. Today, I’m punting the ball over to my blogging buddy Phil Miles at Lawffice Space who has the scoop on a new age-discrimination matter that the Supreme Court has agreed to address. You can read Phil’s post here.
Hey Employers! Want to guarantee yourself a jury trial in an age-discrimination case? Just mention the word “younger” to any employee age forty or above right around the time you fire him. [Editor’s Note: Calling that employee an “old man,” “old fart,” “pops,” and “grandpa” will also do the trick…
Documentation is good; smoking-gun emails from the HR Manager not so much. After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims. * * * In Phillips v. StellarOne Bank (opinion…