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Age Discrimination Against Older Workers

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  • 08-18-2015, 10:46 AM
    HRinDEVON
    Age Discrimination Against Older Workers
    My question involves labor and employment law for the state of: Federal / PA.

    Still at it, issues are heating up ...point me in good direction as to just when issues of age discrimination under ADEA STOP in context of hyper convoluted employer incentive directed at just those ages 56 plus to depart , from vantage point of being 70 +
    Simplified :
    Incentive is in table in Jan for about 2 days to retire in future by 1 Nov and if and only if one is 56 by Sept 30 . And a quota of 50 signals irrevocable intention to retire in those 2 days and the deal is approved by employer and union ..quota is met , union approves, management unilaterally changes the deal and approves its own version .

    Everyone is now retired , all in the same closed pool of 50 or so old workers

    Those 56-70 start getting say $ 1500 per month beginning 1 Nov , ongoing , drop off as they turn 70 ( Not the question)

    Overall Contract runs thru May 2017 ( Whether anyone can be cut off at end of contract is not the question )

    Those 70 + already get mere $ 3000 lump . I'm over 70, deal forgets to say when I get paid a lump sum . People balk.....finally those over 70 get paid lesser amount due to age about 5 months later, well into NEXT year!

    The payout scheme for about 47 others all retired under same deal is ongoing and no,correction for disparate treatment by age

    Does the age related discriminatory treatment STOP early the next year when all those over 70 do get paid ?

    Or is it ONGOING as those 47 or so younger pool members merely over 56 are continued to be paid far better ..at least for now, than similarity situated persons merely 70+

    Or some other date?

    Somebody had to stay up nights to dream up one this convoluted?
  • 08-18-2015, 12:26 PM
    Mr. Knowitall
    Re: Age Discrimination Against Older Workers
    Are you speaking exclusively of different retirement benefits to different groups of retired, former employees? That is to say, your question has absolutely nothing to do with the employer's decisions relating to the hiring, firing, or compensation of current employees?

    Are you asking about a change in the benefits extended to employees who have already retired?
  • 08-19-2015, 06:35 AM
    HRinDEVON
    Re: Age Discrimination Against Older Workers
    No this is a one offer of different future benefits Less for older workers 70+'than for those 56-70', all of whom were then currently employed and all of,who share common characterist of retirement pool.

    - - - Updated - - -

    In context, this has everything to do with employer or union retention or compensation of current employees. In short, either the union offer up 50 current employees based only on age 56+ , to exit , or employer would immediately begin to exit employees based solely on inverse order of seniority .

    The word employer means to include labor organization .

    The inclusion of union on age discrimination issues under state law is very broad ..."any other matter , directly or indirectly, related to employment .."

    And they all retired AFTER the no furlough deal was solidly in place .
  • 08-19-2015, 06:54 AM
    cbg
    Re: Age Discrimination Against Older Workers
    And he's been whining about it for, what, about three years now?

    I keep telling him to talk to a lawyer about it but he'd rather whine on the boards.
  • 08-19-2015, 06:57 AM
    harrylime
    Re: Age Discrimination Against Older Workers
    Quote:

    Quoting cbg
    View Post
    And he's been whining about it for, what, about three years now?

    I keep telling him to talk to a lawyer about it but he'd rather whine on the boards.

    Unfortunately, it's not confined to the other board.
  • 08-19-2015, 07:59 AM
    Mr. Knowitall
    Re: Age Discrimination Against Older Workers
    If he's been raising the issue for three years, I have to say that I would have hoped that by now we would be seeing a more intelligible question.
    Quote:

    Quoting HRinDEVON
    View Post
    Everyone is now retired , all in the same closed pool of 50 or so old workers

    Quote:

    Quoting HRinDEVON
    View Post
    In short, either the union offer up 50 current employees based only on age 56+ , to exit....

    If all of the employees are now retired, they're not current employees.

    If all of the employees at issue are current employees, then no one is "now retired".

    If we're talking about a retirement deal that was negotiated and fully implemented three or more years ago, with no prior legal action or EEOC complaint, it's difficult to see how a present effort to make a legal claim would not be time-barred.
  • 08-19-2015, 09:54 AM
    HRinDEVON
    Re: Age Discrimination Against Older Workers
    that's just it, the implementation as to lump sum payout was in early 2015 and the implementation as to on going payout for those younger is still ongoing and a dual complaint was filed well inside 180 days of 2015 payout , and obviously inside 300 days of early 2015. And yes I can count, actually filed complaint inside of 45 days of filing the required retirement paperwork . Others seem to want to define the date as the earlier date the deal was stuck between them, not the date individuals actually participated to retire or actually got paid . Like I said, somevody worked hard to make it convoluted.

    I'm still trying to wrap my hands around the most recent act of age discrimination implemented ?
    The lump,sum payout in early 2015 or the on going monthly payments not yet completed ?
  • 08-19-2015, 10:02 AM
    Mr. Knowitall
    Re: Age Discrimination Against Older Workers
    So your hope is to bypass the statute of limitations issues on a potential age discrimination complaint by focusing on the date you agreed to receive the benefit, as opposed to the date you entered into the contractual agreement pursuant to which the benefit is to be paid?

    Have you filed a complaint with the EEOC?

    It would really help if you would proofread your posts, correct your spelling and grammar, and make sure that your statements and questions are posted as complete thoughts.
  • 08-19-2015, 10:32 AM
    HRinDEVON
    Re: Age Discrimination Against Older Workers
    I filed both EEOC and PHRC in a dual filing state

    Under the convoluted terms of the contract , I was not eligible to participate in the class of retirees until actually retired at the specified future date.. In time sequence I filed about 45 days after retiring and actually BEFORE the promised payout was made . There was no stated future payout date stated, employer unilaterally stalled it out for several months . About the time I filed to retire I was cut from benefits but younger participants continued to get them. The convoluted way the deal was worded I could not be in the contract as created between employer and union until I actually retired ...and they very clearly specified how and when I must retire ..and I did so by the later date they required via the steps they mandated.
  • 08-19-2015, 10:38 AM
    Mr. Knowitall
    Re: Age Discrimination Against Older Workers
    Quote:

    Quoting HRinDEVON
    View Post
    I filed both EEOC and PHRC in a dual filing state

    Just now, or three years ago?
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