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Could this be age discrimination?
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RedRobin
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PostPosted: Fri Jun 08, 2007 2:06 pm    Post subject: Could this be age discrimination? Reply with quote

Country: USA

My husband (age 55 and one of the oldest in the company) has been in a position where he was responsible for an entire sales force. He created a great sales force and the company has grown fantastically. His reviews were all excellent and the people who report directly to him like him (so much so that they followed him from his last company to work for him here). A couple of years ago, they created a new position directly above him and brought in a much younger man.

Recently the company has been in legal trouble (supposedly misrepresentation of a product by some sales reps) and they told my husband that they were going to remove him from his job because of this. (He has never been accused of any wrong-doing and has not seen or heard actual specific evidence against the sales reps.) They assured him that it was NOT because of anything HE did--but that SOMEONE has to be sacrificed to appease the lawyers and show that they are making changes to rectify what had been done; the company thereby escaping having to go to trial. The senior position above him (the younger man) was not affected by this.

They offered him a severance package or another position in the company. It would be difficult to find another position at his level and age and he did not want to be without employment as we still have a school-age child. They are taking him out of that position and creating a position in another department where he has no experience and no direct reports at all. There is already a person in that position and even though the title of the position would be the same, he would be reporting to this person. From the description of the job that I heard, it doesn't seem like enough to keep one person busy--much less two!

In a casual conversation with a direct line senior-level executive, my husband expressed concern about wanting to have a job in which he could actually achieve something. The executive, misunderstanding, assumed he meant the position (occupied by the younger man who was brought in a few years ago) directly above my husband's position. He made a comment that my husband would never have that position as he (the senior exec/board member [who is slightly younger than my husband]) and my husband were too old for that.

I am afraid that he will be going into a job every day where there is really nothing for him to do and that they are hoping he will become dissatisfied enough to just leave.

Any advice?
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lilo
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PostPosted: Sat Jun 09, 2007 3:37 pm    Post subject: Reply with quote

Yes. Legal representation and a tiny trial threat. If they are so busy making him take the blame for everything, in order to escape a possible trial, I'm sure they will not like the idea of your husband to speak about everything, right? I might sound revolutionary in here....but it appears that some need to be paid back with the same nickel....so as to say.
Also...what has age to do with this entire situation. probably NOTHING. If he has beed appreciated by everybody and some even followed him when he moved on, this means that his abilities are far beyond useful.
It would be a pity to lose a job for a stupid reason like this. If they have thought of blaming HIM (the one which has never done something wrong, the one who was recognized by all workers as being...practically a guru), it means that they're in a really nasty situation and they need a "big head" to fall down.
Fight back!
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lexa10881
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PostPosted: Sun Jun 10, 2007 2:52 am    Post subject: Reply with quote

Sure sounds like age discrimination to me. I would fight it, but at the same time why desire to stay with a company that values him so little, and does not agree with the values that you and your husband hold? Consider it a temporary situation and try to find another job if he retains employment there, because if he is on shaky ground now, it is likely to happen again.

http://www.cvtips.com/career_values.html
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Randy
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PostPosted: Sun Jun 10, 2007 7:28 am    Post subject: Reply with quote

Of course it's age discrimination and ever more of a corporation practicing CYA.

Quit? Are you kidding? I'd go in there every day and do absolutely not one bit more than required to stay on payroll. If they want him gone, let 'em fire him!

Yes, most employment is "at will" and I know all that and contrary to popular belief, past employers will and do lie about previous employers to potential ones and yes, that would leave your husband in the unenviable position of trying to explain his departure to potential employers and that whole stupid mess that everyone keeps telling me is part of the American "dream" and the boundless "opportunities" we have and I'm so sick of hearing it I could puke....and where was I?

Anyway, if he does get fired, at least he's in the position (regarding unemployment compensation if nothing else) of forcing the company to establish whether it was something as lame as "downsizing" (which is no fault of your husband's, which means he collects while he looks for a new employer), or if he was guilty of some sort of "misconduct" (which they would have to truly prove with documentation, which apparently they don't have, which still means he collects because even though employment IS "at will," when it comes to unemployment, there still must be a "good" reason for terminating the employment--at least here in VA, and it's a "commonwealth" and it gets no worse than that!).

As far as leaving and moving on simply because he's not "wanted"? Hell, no employer really "wants" employees; they just "need" us. They don't call us human RESOURCES for nothing.

This is BUSINESS. Make them play by THEIR rules and leave "humanity" out of it. They started this mess now let them deal with it!
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Carab
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Joined: 10 Jun 2007
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PostPosted: Sun Jun 10, 2007 4:57 pm    Post subject: make the best of it... Reply with quote

I suppose my advice is relatively simple: Your husband should take this less stressful position that he is being offered. While it may be a blow to the ego, why not look a it as another door opening. Less stress and responsibility at work means more time and energy for you and your children. Alot of folks woudl welcome thsi chance to re-prioritize their lives. All teh best to you and your family!
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