Legal Question in Employment Law in Oregon
Age Discrimination
I was downsized out of a major timber company along with 8 other over050 folks. Years of service ranged from 15-35 between us. News of downsizing was not "new" news, however, in every meeting and newsletter and discussion of any kind, our VP assured all salaried employees (125) that downsizing would take place through attrition only. In our termination letters, we were each told that or displacement had nothing whatsoever to do with performance, that it was strictly an economic decision. Since we were let go, 14 new employees were hired. I had been promoted into a new position 2 months prior to my termination. I was devastated. Although none of the 14 new employees was hired explicitly to replace my position, I wonder if I have an age discrimination case at all. I know that one of the 14 was hired because her husband was hired and he said "to get me, you must hire my wife." She was subsequently assigned to do my job until she left on maternity leave. I don't know if she will go back to doing my job when she returns from leave. In my review of age discrimination law, the burden of proof is in my lap. I believe the company was sneaky and that whatever they say in defense will be a scam.
1 Answer from Attorneys
Re: Age Discrimination
If the 14 who were hired were paid less and if they were under 50 or would be provided less in benefits you might have a viable claim. I would suggest that all 8 of you collectively file complaints with the State of Oregon Bureau of Labor Civil Rights Division(BOLI) and get a free investigation by the state.
Richard Sly
Richard Sly Attorney-at-law
1001 SW 5th Ave Suite 1901
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