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?
2 Answers from Attorneys
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.
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.
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