Legal Question in Employment Law in Arizona
The call center that I worked for was relocated to Houston, TX. Back in September 2009 - 56% of the staff was laid off. In November 2009, I took over as manager of the center. I did not receive a title change or additional pay. In April 2010, the company relocated the center to Houston, TX. None of the CSR's received a severance package only a 5K stay bonus. The HR manager received a 5K stay bonue and I received 7,500 stay bonus. We were both woman over 40 who were managing the center. We were not offered a severance package,however a male manager under 40 who was let go down to the closing of the center was offer a severane package but not a stay bonus. I realize AZ is a right to work state and we both stayed on past the male manager's severance. Do we have a claim for EEOC? We only signed our stay bonus. Can the company pick an choose who they offer severance to? We were model employees who stayed on to help with the transfer to Houston and to close the center in AZ. I am wondering if I can do anything, or just let this go.
1 Answer from Attorneys
Thank you for the question. Whether you have a claim for age and/or gender discrimination is going to depend on a lot of different facts. The most important question is, "Why do you think they provided one manager severance, but denied it to the two of you?" If you think either age or gender or both played some, role you would probably have at least a colorable claim under the ADEA and/or Title VII. How strong your case is will depend on if there was other evidence of discrimination against older workers and/or women. That is, did members of management ever make about older workers or women disparaging remarks? Is there a history of discrimination against women and/or older workers?
Again, thank you for the inquiry. Best of luck.
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