Is age a consideration when an employee is laid off?

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Is age a consideration when an employee is laid off?

Is there any consideration given to someone my age 56 when being laid off,  such as difficulty getting a job etc, after 27 years. Also, bonus pay out, due in 02/11 and my employeement ends 12/31/10. What can I do to get paid that bonus?

Asked on November 29, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Are you inferring that you feel that you have been discriminated upon because of your age?  Then yes, age is a consideration here. If not, then you are an employee at will and you can be let go at any time.  What are the terms of the bonus?  What do you do?  In other words, how is the bonus earned?  Is it earned from sales made throughout the year?  Then if you are working through the end of the year you should be entitled to it.  But then again you may not be entitled to it.  It depends.  I would discuss the issue before you are let go and get something in writing as to the bonus and any other issues that may be outstanding.  And yes, I would speak with an attorney too.  Good luck.


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