EEOC violations from my point of view viewed as not valid by employer legal team – what are my options?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
EEOC violations from my point of view viewed as not valid by employer legal team – what are my options?
I was laid off under the guise of restructuring and flattening the
organization. Instead of my job, which I was told was eliminated, actually
being eliminated, it was given to a more junior male manager lacking the
qualifications of doing my job. I am a female 57 years of age. I have been
managing and delivering as a strong contributor of the organization for the
past 8 years. As a result of the actions of my employer, I filed a claim of
Standards of Business conduct violation internally. The lawyers who drove the
case, after interviewing many folks, deduced that there were no violations, and
that this was restructuring. I disagree with their deduction. They did offer to
double the severance in return of getting a signed waiver where I would never
work for the company ever again and that I would not file charges against them.
I am uncertain about this, and would like to discuss options and go through the
ramifications of taking them up on their offer. Time is of essence, as I need
to sign and return a form to them as soon as possible, along with my answer to
them.
regards
Asked on December 13, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
While no one can say definitely whether you have a case or its strength based on a one-paragraph written question, the facts you describe suggest you suffered sex- and/or age-based discrimination, since your position was not in fact eliminated but was given to a younger (I presume that's in part what you mean by "junior") man. Had your job been eliminated or combined into another job/position (so 2 positions were merged into 1), this would appear to be a legitimate restructuring, but simply replacing an older woman with a younger man is not a restructuring: it is replaced an older woman with a younger male, and absent some other good reason (e.g. you'd had documented poor performance), that it typically illegal.
Contact an employment law attorney NOW--before signing anything--and discuss the matter in detail with him or her; what you write suggests that would be worth your while, since you may have an employment discrimination claim worth pursuing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.