Legal Question in Discrimination Law in New York
Do I Have A Case?
I am 53 years old and have worked as an office manager to one boss for 20 years who recently became equal partners with two other men. One of the partners decided to bring in his wife to work and her job title was never mentioned. After a few weeks it was clear she was now the office manager. My vacation time was reduced by a week and I was allowed only 3 sick days a year (before it was unlimited). When I was having lunch at my desk she would demand that I answer the phones (receptionist was out to lunch and she was supposed to be covering). When I approached my boss and told him it was obvious they were looking to get rid of me, and that I would gladly leave, he laughed it off. A week later he came to me and said he discussed it with his partners and they agreed to let me go. They wanted me out the next day. The partner's wife is now working in my old position and has no experience whatsoever in this particular field. I also received an excellent referral from my boss and was promised a severance package which I have yet to receive (it has been over a month since my termination) What I would like to know, do I have an age or other type of discrimmination case against this corporation?
3 Answers from Attorneys
Re: Do I Have A Case?
Call the EEOC. You should discuss an ADEA claim with them.
NY is an at-will state. This means you can be discharged for any or no reason. However, if you were promised a severance package which is not forthcoming, you should consider suing for that.
Good luck.
Re: Do I Have A Case?
At will state, or not, we do not tolerate age discrimination. Nepotism is legal, but not if it destroys your otherwise valid career path. They stand a very good chance of being held as ADEA violators and CERTAINLY as violators of the NYC Administrative Code, which gives punitive damages, and the NYS Human Rights Law, which allows you to sue individuals and name them, as well as the corporation. The husband of the woman who replaced you would by my choice of no. 1 individual target, prior to hearing what else youhave to say in a consultation. And that is just off the top of my head, looking at this fact pattern, an all too familiar one.
Re: Do I Have A Case?
I have read the two previous responses to your query. With the limited amount of information you have provided, Ms. Finch's suggestion appears most reasonable. While you may have a discrimination claim, nothing you have presented thus far makes for a compelling discrimination suit, but further inquiry would be necessary.
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