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Age discrimination?
Posted by: space-time
Date: October 29, 2020 07:12PM
one company is offering early retirement to everyone 60 or older. They were told that if they do not take this early retirement package, when the next round of layoff comes (which is expected), they will be let go.

I don't know more details but from what I know, this seems like discrimination to me. Even if they are not fire immediately, they know they will be fire pretty soon after that.

If they need to lay off people they should do so based on performance, skills, not age. Right?
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Re: Age discrimination?
Posted by: NewtonMP2100
Date: October 29, 2020 07:14PM
....this is the end of the (Age of )....Innocence....



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I reject your reality and substitute my own!
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Re: Age discrimination?
Posted by: rgG
Date: October 29, 2020 07:28PM
If they are saying they are laying off based solely on age, then yes, it appears to be age discrimination.





Roswell, GA (Atlanta suburb)
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Re: Age discrimination?
Posted by: Speedy
Date: October 29, 2020 07:34PM
Yes, this is age discrimination. But did they really put out such a notice or is this just scuttlebutt?



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: Age discrimination?
Posted by: rjmacs
Date: October 29, 2020 07:43PM
Quote
space-time
one company is offering early retirement to everyone 60 or older. They were told that if they do not take this early retirement package, when the next round of layoff comes (which is expected), they will be let go.

I don't know more details but from what I know, this seems like discrimination to me. Even if they are not fire immediately, they know they will be fire pretty soon after that.

If they need to lay off people they should do so based on performance, skills, not age. Right?

First, fired <> laid off.

Second, there's nothing illegal about offering older workers early retirement packages first, assuming that those workers tend to have the longest tenure and highest retirement benefits costs (this is typical for 'professional' fields).

Third, when they start laying people off (which is not the same as being fired because you are entitled to unemployment benefits), they won't use an explicit age range for determining who gets RIF'd, which is a way of avoiding age discrimination suits.

Companies are allowed to make hiring and firing decisions based on cost; often, older employees are the most expensive, but it's a tough row to hoe in the U.S. if you want to prove that it was age, not cost, that led to your dismissal.

Yay America.



rj
AKA
Vreemac, Moth of the Future
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Re: Age discrimination?
Posted by: lost in space
Date: October 29, 2020 07:52PM
Will younger workers be laid off too? If so, it seems that the older workers are getting a break.



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Re: Age discrimination?
Posted by: C(-)ris
Date: October 29, 2020 07:57PM
Maybe they plan on laying everyone off, including the 60+ group, in the next round or maybe that group all fall into another category that is being dismissed. Who knows, that statement can be factually true and still not age discrimination.



C(-)ris
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Re: Age discrimination?
Posted by: space-time
Date: October 29, 2020 08:10PM
First, fired <> laid off.

True, I do understand the different terms, sorry I didn't pay more attention when I posted.

But for the employee who gets fired, or if they get laid off, does it make any practical difference? I would hope one can collect unemployment and can get COBRA medical insurance in both situation, right?
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Re: Age discrimination?
Posted by: macphanatic
Date: October 29, 2020 08:16PM
Quote
space-time
First, fired <> laid off.

True, I do understand the different terms, sorry I didn't pay more attention when I posted.

But for the employee who gets fired, or if they get laid off, does it make any practical difference? I would hope one can collect unemployment and can get COBRA medical insurance in both situation, right?

Fired is usually for cause. Typically resulting in no severance or unemployment. Laid off is not for cause. At least this has been the case at every place I've worked at.
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Re: Age discrimination?
Posted by: BernDog
Date: October 30, 2020 05:16PM
The number opting for early retirement will affect how many need to be laid off later. The more that take the early retirement, the better it is for everyone. There could be a situation where enough employees took early retirement that layoffs were no longer necessary.
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Re: Age discrimination?
Posted by: NewtonMP2100
Date: October 30, 2020 05:19PM
.....us old fogies......just fade away......



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