Legal Question in Employment Law in California

I was laid off in a RIF. The company has been very quiet about who was selected. In accordance with ADEA and OWBPA they provided the class, unit and group information for the immediate area I work in (5 people), however, the RIF was conducted nationwide. Everyone I know of who has been selected, except for one person, is over the age of 40 (actually 50). What percentage needs to be met for this to be discriminatory?


Asked on 1/06/14, 9:18 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Percentage is not proof, but merely a suspicious factor in your required 'proof' that age was a motivating factor in your selection. In order to come to any conclusion about whether there are valid grounds for a discrimination claim, you'll need to provide a thorough description of all the facts and evidence you have available. Feel free to contact me with that written 'history' and we can discuss the case.

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Answered on 1/06/14, 10:04 am


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