Legal Question in Employment Law in Washington
Willfull discrimination,wrongful termination to increase younger owners income f
Until September I have been working for a company as what started as Administrative Assistant and worked up to Office Administrator in 2 years. Seven months ago I was told to hire an assistant and was told at that time to hire someone younger than myself. I did as I was told and trained this person. In May the company Was offered for sale to the employees and I signed an ''intent to buy'' along with 15 others. During contract negotiations there were several people let go for different questionable reasons. All were over 40. I was told several times that my job was not in jepardy. Two days before the official signing I was terminated with a fax stating that my position was being eliminated due to downsizing of our company. (Only employees were allowed in on the buy of a multi-million dollar company.)My young assistant that I trained is still there with my job title. It was also stated 2 weeks before in a buyer's meeting that insurance for over 40 year olds was expensive. I have done a very good job for this company and have letters from co-workers who state that I have done a good job. Do I have a case of discrimination and what about being left out in the cold on the buy out?
2 Answers from Attorneys
Re: Willfull discrimination,wrongful termination to increase younger owners inco
You may very well have a discrimination case. How old are you? How old is the person who you trained? Did she take your position?
Please call me and I would be happy to discuss with you what your rights are.
Rob Kornfeld 1 800 282-4878
There is no charge for the consultation
rob
Re: Willfull discrimination,wrongful termination to increase younger owners inco
As you likely know, age discrimination is made illegal by the federal Age Discrimination in Employment Act. It protects employees 40 or over from discrimination because of age. Your reference to a couple of statements indicating a bias against older workers, express instructions to you to hire a younger employee, and your replacement with a younger worker are important facts in your favor.
Questions: What is the make up of the company's employees now? Did the terminations of over 40 employees reduce the average or mean age of all employees? Did the company also terminate any younger workers as a means to fudge the numbers? Have you commenced an administrative claim with the EEOC or Human Rights Commission? Where (what county) did the discriminatory acts occur?
Here's some boilerplate information about me and the firm:
Practice Areas: Executive Employment Law; Employment Discrimination;
Wage and Hour Law; Americans with Disabilities Act; Civil Rights;
Executive Severance Contracts; Sex Discrimination; Labor Relations;
Discrimination; Sexual Harassment; Professional Malpractice.
Admitted to courts of Washington; Oregon and U.S. Court of Appeals,
Ninth Circuit; U.S. District Court, District of Oregon; U.S. District
Courts, Eastern and Western Districts of Washington
Willamette University, J.D., magna cum laude, 1981. Editor-in-Chief,
Willamette Law Review, 1980-1981. Judicial Clerk, Circuit Judge Eugene
A. Wright, Ninth Circuit Court of Appeals, 1981-1982. Member, National
Employment Lawyers Association. Executive Board, Labor & Employment
Section, OSB.
Let me know if I can be of assistance.
Craig A. Crispin
Crispin & Associates, Employment Lawyers
280 Plaza West, 9600 SW Oak Street
Portland, Oregon 97223-6585
Direct: 503.293.5759
Fax: 503.293.5766
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