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.
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.
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 ?
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.
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.
Filed earlier ....fight is now just warming up. Filed one about 45 days after I retired last year , then cross filed .