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  1. #1

    Default Ending Contract

    My question involves labor and employment law for the state of: Kansas

    I was on a contract at a international firm which end abruptly and prematurely. The manager said it was a budget cut. That I could come back in Q1 of the following year.

    In the exiting conversation, the manager stated that the previous week task was taking me too long and a 20 year old intern could do that quicker. I actual said if the issue is the $ figure that I'd take a reduction in pay for this work.

    Do I have a EEOC claim for age discrimination?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,129

    Default Re: Ending Contract

    Not unless you are A) over 40 and B) they specifically replaced you with a 20-year-old intern.

    That was more a comment about your work speed than your possibly protected class.

  3. #3

    Default Re: Ending Contract

    After exiting, I contacted the firm asking about ways to stay on top of what they were doing by 1) helping out another person who was doing work for them off site for a minimal fee 2) asking about other contractors still in house 3) checking periodically with several team members if there was work opening up as I wanted to be slotted for the work assignment. (I wanted to keep my name in the loop) The manager accused of harassment and trying to steal confidential information which in my opinion was a bit over the top. Do I have anything there?

  4. #4
    Join Date
    Jan 2016
    Posts
    398

    Default Re: Ending Contract

    Quote Quoting DogDays5400
    View Post
    After exiting, I contacted the firm asking about ways to stay on top of what they were doing by 1) helping out another person who was doing work for them off site for a minimal fee 2) asking about other contractors still in house 3) checking periodically with several team members if there was work opening up as I wanted to be slotted for the work assignment. (I wanted to keep my name in the loop) The manager accused of harassment and trying to steal confidential information which in my opinion was a bit over the top. Do I have anything there?
    Is this the same company that you've been harassing to hire you back?

    https://www.expertlaw.com/forums/sho...691&highlight=

    https://www.expertlaw.com/forums/sho...126&highlight=

    https://www.expertlaw.com/forums/sho...719&highlight=

  5. #5
    Join Date
    Jan 2006
    Posts
    38,712

    Default Re: Ending Contract

    Quote Quoting DogDays5400
    View Post
    After exiting, I contacted the firm asking about ways to stay on top of what they were doing by 1) helping out another person who was doing work for them off site for a minimal fee 2) asking about other contractors still in house 3) checking periodically with several team members if there was work opening up as I wanted to be slotted for the work assignment. (I wanted to keep my name in the loop) The manager accused of harassment and trying to steal confidential information which in my opinion was a bit over the top. Do I have anything there?
    If you keep that up you may be the big winner of a restraining order.


    you're not good at taking hints, are you? They don’t want to hear from you anymore.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,132

    Default Re: Ending Contract

    If an 20 year old can do the job better/faster, that's not age discrimination. The employer never has to accept substandard performance even from a member of a protected class.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,712

    Default Re: Ending Contract

    [QUOTE=flyingron;1121836]If an 20 year old can do the job better/faster, that's not age discrimination. The employer never has to accept substandard performance even from a member of a protected class.[/QUOTS]

    actually replacing a person over 40 simply because a kid can do it faster is unlawful age discrimination. That is one of the very reasons age is a protected class. Your second sentence creates a different scenario than your first sentence. By inserting the statement the work product amount is substandard, it can remove it from an age discrimination issue but it surely leaves a question for somebody other than the employer to decide if the action is challenged.

    Terminating a person for lack of work product isn’t unlawful but the standard used is important. If others produce similar amounts of work or if not comparable in that manner, if a court determines it to be a reasonable amount of work but simply not enough to satisfy the employer and it is viewed it was due to employees age, that is unlawful discrimination.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,043

    Default Re: Ending Contract

    A single comment that a 20 year old intern could do the job faster, particularly when put in context with all the other baggage, is NOT going to be sufficient to sustain a discrimination claim.

    And even if it did, and even if you won, which it doesn't and you wouldn't, that win would come along a minimum of six months and probably more like two years from now, and would NOT come along with a forced rehire.

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