Legal Question in Employment Law in Kansas

Wrongful termination/age discrimination

Last year I was hired as an HR Manager for a company that did not inform me at the time they were in the process of be acquired by another firm. When they were bought I was told by them and new company that I would have a position. I have now been told that my position is being eliminated the 1/1/03 in the meantime a position of Regional Business Manager that I am fully qualified for has been given to a part time worker who is considerably younger and a lot less money. This person does not have the qualifications based on the official job description that I have acquired from the company. Do I have any legal recourse? I have not been offered another position, but they have offered me extra compensation to stay on through the transition time. My job performance has been excellent. I have developed their HR department from the beginning. I am 50 and the person who has been given the Regional poistion is approximately 28 and is receiving $18,000 less per year than my salary. Part of the agreement of the merger was that no one would lose their job


Asked on 9/13/02, 10:45 pm

1 Answer from Attorneys
Todd Epp Abourezk & Epp Law Offices

Re: Wrongful termination/age discrimination

Sorry to hear about the corporate shennanigans. It is my opinion that you may have a cause of action sounding in age discrimination and perhaps breach of contract or quasi-contract. Proving a specific instance of intentional age discrmination can be quite difficult but not impossible. Your first step would be to file a charge with the Kansas Human Rights Commission. They will investigate then hold in your favor, hold in the company's favor, and provide a "right to sue" letter. Also, your charge will be concurrently filed witht the EEOC. Depending on the size of the company you work for, you might be able to file in federal court after the investigation. I am licensed in Kansas. Please let me know if I can be of further assistance. You should contact an attorney. Best of luck to you.

Todd Epp

Read more
Answered on 9/16/02, 11:32 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Kansas