Age Discrimination

I am a 50 year old white male, that has been employed by ABC Corp 30 yrs, I have a stellar track record with numerous promotions. Recent ownership changes, Senior Mgmt Team retirements, going Public, has created a number of delayering and span of control changes over the last two years. I have recently been impacted and moved to a lesser position in responsiblity but not in title. I consider this a demotion but no one has called it that, no performance concerns given,and at the same time younger mgrs, at least 10 years younger have been promoted and given increased span of control.This seems to be a common trend throughout the Division over the past two years. The Mgmt positions that these younger managers now occupy used to be my position before I was moved to having lesser responsibility. I believe Statistics could support my claim. Do I have a case?

Asked on June 2, 2009 under Employment Labor Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No one can tell you from your brief statement if you have a case.  You need to sit down with a lawyer, with documentation, pay checks, job descriptions, proof of others being promoted and discuss with an employment law attorney in your state.  Why?

Because most states follow an at-will doctrine.  You can be fired with or without cause, as long as it not discriminatory or truly retaliatory.  So, you are walking a fine line.

Contact your state's Dept of Labor and also try www.attorneypages.com to locate private counsel.  The first (dept of labor) is exercising your administrative rights, which can be in tandem with civil litigation rights.  http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=10


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