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chuckyg23

Age Discrimination.

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I was employed for 13 Years as the Director of Employee Relations for an employer with 4000 employees covering 19 states.

 

 

After many letters of accomadations for exceptional performance, I was asked to take a $50,000 dolllar pay cut and reduced hours to 30 per week.

 

 

They offered me an early retirement package, being 3 months of salary plus benefits and failed to include unused paid vacation.

 

One of my associates the HR VP was also asked to leave and was offered the essentially the same package as I, except she was given 4 weeks vacation pay for only 3 years of service.

 

She took the package and left the company after her contract had expired. She is 62 years old.

 

i was never offered the vacation weeks that I was entitled to, minimum of 5 weeks pay. The company policy in effect at the time was that an employee leaving the company would be entitled to all the unused vacation pay due them in the year of their departure from the company.

 

I have never taken all of the vacation pay that was due me during my 13 years of employment there. I have since sent them a certified letter requesting 12 weeks of vacation pay based on the formula they gave to the  VP with only 3 years of employment.

 

My question is whether I have a discrimination suit against the company based upon the fact they deliberately did not mention to me about my vacation pay, while they offered to the VP who is a female the 4 weeks pay.

 

I am 68 years of age and I am having difficulty in finding employment.

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My question is whether I have a discrimination suit against the company based upon the fact they deliberately did not mention to me about my vacation pay, while they offered to the VP who is a female the 4 weeks pay.

 

I am 68 years of age and I am having difficulty in finding employment.

 

Your subject line mentions age discrimination. The VP was age 62, you are age 68. So, it’s not clear just from that 6 year age difference that she was given a better retirement package because she is younger than you. You also mentioned that the VP was female. You didn’t mention your sex, but I’ll assume that you are male (and hence the reason why you mentioned her sex as a relevant fact). The difference in pay out formula might have been due to sex, but without more information it is hard to know if you can make a good case for that.

 

A very important fact that is missing is what the company would say was the reason for the difference in the retirement offer. Once you know that, you can then figure out if the company might have a good leg to stand on in defending a sex or age discrimination claim. For example, if the VP was a higher position than yours, the company may say that top ranked executives get a better deal. If that was true, then there may not be any illegal discrimination case to be made here.

 

It would also matter what the company had done for early retirement offers for other employees — if there is a pattern that suggests illegal discrimination (e.g. women consistently getting better offers than men, younger employees getting better deals than older ones, etc) that would work in your favor in proving an illegal discrimination case.

 

See how the company responds to your request first, then decide what to do. For most illegal discrimination claims under federal law, you must first file a charge with the federal Equal Employment Opportunity Commission (EEOC). Depending on the state in which you were employed, that may need to be done within as little as 18o days from the discriminating event. If you do not file timely with the EEOC, you’ll be barred from suing. 

 

You might also have claims to bring under the laws of the state where you were employed. Your state labor or human rights department will likely have the information on that if your state has labor discrimination laws. If you indicate the state in a follow-up reply here, someone may be able to link you to the relevant state web site. 

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Policy aside -- and policies aren't laws -- we can't know from here whether your unnamed state requires payment of unused but earned (the "earned" being important v. banked at beginning of year or fiscal year but unearned like lots of employers do it) on termination; if not earned, then definitely not due.  You don't indicate that you had earned but unused vacation, or the name of your state.

 

"My question is whether I have a discrimination suit against the company based upon the fact they deliberately did not mention to me about my vacation pay, while they offered to the VP who is a female the 4 weeks pay."

We can't know the exact answer to that from here simply based on what you've posted, but I doubt it.

 

"I am 68 years of age and I am having difficulty in finding employment."

I'm afraid that's to be expected.

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Guest FindLaw_Amir

To learn more about this subject matter, you may be interested in visiting the Employment Law Center and reading Age Discrimination as a good resource. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

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Thank you for the replies sent to me.

Let me add that I have filed a charge with EEOC. I believe that it is required prior to filing a lawsuit against my former employer.

The HR VP that i have mentioned, left the company in January of 2013 which would have allowed her a few days of vacation pay in accordance with our company policy manual with regard to unused vacation pay upon separation from the company.

She was given 4 weeks vacation pay plus an additional 2 weeks of severance pay for 3 years of employment.

As I mentioned, I was employed for 13 1/2 years and received many letters of appreciation from the CEO for my dedication to our company. The COO did not mention to me about vacation credits and I did not ask upon separation.

I subsequently spoke to the in-house attorney and she said to me that I was not entitled to any additional pay.

She did not respond to my last letter to her about the justification of paying the HR VP an additional 6 weeks pay, and not doing the same for me.

When I explained to her that I felt I was being discriminated against because I am a Male, she declined to comment further.

That is where we are at this point in time.

Charlie G

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