What are my right if I was laid off today due to a work force reduction?

I was laid off today due to work force reduction. I am on an 8 person sales team. Large company, employed ther 4.5 yrars. Currently at 40% of quota. Female and oldest on the team. Yet 3 others have been on the team less than a year and are at 0% of quota. Do I have any recourse?

Asked on June 18, 2012 under Employment Labor Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may depending on the characteristics of the other employees of this team and your age.   If all of the other employees were male-- you would have fairly good chance at showing gender discrimination was actually the basis of the reduction.  If all of the other employees were much younger, and your much, much older, you may have an age discrimination suit.  When a company teminates a seasoned employee who is performing better than other employees, it certainly raises a suspicion that the "lay-off" was merely pretextual.  You really need to gather your information, like your reviews, notes on the other people, and your termination notice, and let an attorney who regularly practices criminal law review your case.  The EEOC has certain timelines for filing a claim.  You also have to exhaust certain administrative remedies before you can file a lawsuit.... so the sooner you get the info together and talk to someone about the suit, the less likely you will be to miss important deadlines.


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