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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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