Legal Question in Employment Law in New York

Possible age discrimination case

I have been working for an international non-profit organization for almost seven years now. I am the Assocate Director, Human Resources & Administration. I make $82,500.

As of November 3, 2005 we hired a new president who wants to reorganize the organization and deal with a $1M deficit.

My supervisor was told that he wants to outsource the benefits portion of HR and probably hire someone for less money to do the HR piece.

I was told that I will be laid off at the end of the year, due to financial reasons.

My husband has been out of work for 10 months now. He works in heavy construction in the NYC Metro area. And now I'll be let go at the end of the year.

My prospects are not too good since I have no degree, but have over 30 years experience in HR.

Do I have a case?


Asked on 11/21/05, 12:48 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Possible age discrimination case

You do not mention any discrimination in your question nor do you state whether you are employed

pursuant to the terms of a written or an oral agreement ( and if so what term of years it stipulates.)

Therefore I assume the only grounds you are questioning is whether outsourcing of HR benefits work to save money is discrimination. The answer would be no if that is all there is to it.

If ERISA is implicated in your contract of employment however, my answer would be different.

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Answered on 12/06/05, 5:35 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Possible age discrimination case

Unless you have a contract, or are a member of a union, your prospects for a successful wrongful termination case are grim.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 11/21/05, 12:56 pm


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