Legal Question in Employment Law in California
My company is offering a voluntary lay off, but only to employees that reach a certain number of "points". Which is age plus years of service. Is this unfair and discriminating?
2 Answers from Attorneys
It may be. It is unlawful to discriminate against employees who are over age 40 BECAUSE of their age. If you believe this is what is happening, call an employment law attorney to discuss.
No.
I'm assuming from your post that there are layoffs anticipated due to financial difficulties of the company.
Such "Offerring" is not adverse discrimination against older employees, but actually favoring them at the expense of younger employees. That is not illegal on its face.
IF the company involuntarily lays off older employees rather than younger ones, of if this 'offering' is actually mandatory, then maybe a case can be made for age discrimination with sufficient proof of motive and intent.
Now if you are one of the older workers, and still think reasonably that the conduct was illegal under the discrimination laws, feel free to contact me for the legal help you�ll need.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.