Does a 59 year old have to take a drastic pay cut to keep his job?

My husband is 59 years old and has had past health issues, at 44 he had a heart

attack. Recently because of new management, etc., he has been under a lot of

stress at work and went to his manager asking if it was possible to transfer

out of the department or to take on a less stressful job. This week the day

before a scheduled day off, his manager, the head of HR and the plant manager

told my husband he had two options for a new position – both pay 12/less an

hour than what he’s making now. He was told he doesn’t have the option to keep

his current position at his current rate. Isn’t this age discrimination?

Asked on February 24, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it's not age discrimination based on what you write. Your husband asked to take on a less stressful job or transfer out of his department, thereby telling his employer he could not keep functioning in his current job. If he can't function in his current job, they don't need to keep him in it and could transfer him. If the transfer jobs legitimately pay less than his current one, he could be paid at the new, lesser rate--they don't need to "overpay" him for the job he is transferred to, but can pay at the prevailing rate. What makes this not age discrimination is that it's not based on age, by what you write--it's based on your husband's action in voluntarily telling his employer he couldn't keep doing his job.


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