Do I have a chance to win a lawsuit against my employer based on age-discrimination?

Question

It appears that the "hidden-agenda" of the non-profit organization that I have worked for the past 17 years is adding workload to the 55 age year old employees. I have gotten outstanding yearly evals, won several awards at the highest levels, been promoted several times, etc. They recently doubled my work area and client load to cover the increasing demands of our organization and have not hired additional help for over 10 years in my profession. If I get "laid-off" because I cannot keep up with the often 12 hour work-shifts that this job is now requiring plus the 24 hour on-call required do I have any recourse? My younger colleagues have not had an increase in their workload assigned. PLEASE HELP!!

I am a salaried employee.

Answer 1

hold on to your job....................I have found that having to look for work after the age of 55 is very hard..........often people ask quite plainly..."arent you a little old for this kind of work"....................one lady said "why arent you retired".............

these people are typical............

take it from me.........unless you can afford to live on your savings

imagine what a living hell your job could turn into if you lost, or even if they think you may be contemplating it

my advice...............do your work, dont make waves.......

my main problem is that almost everywhere I go I am considered "over qualified"..................

dont get fired up listening to instigators.....

keep your cool.......they wont pay your mortgage or bills...........dont listen to these people that want to make a big deal...etc etc

Answer 2

Yes you can but it is going to be difficult, especially if you work in a state that is "at will" state meaning you can quiot or get fired at will. This is your republican vote coming home to roost. Now that you have all voted for candidate that support tort reform meaning the lawyers that protect you from your employers and injuries. Your safety net is full of holes now. You may just slipp through one of them. Secondly all of the women wanted equal rights now that you are getting them you don't want it anymore. You wanted a job just like the men now you have them anmd you can't handle the pressure or just dont want to do the work. It makes sense that they send the more seasoned employees to do the most work. Third point you rep;ublican vote has cut the funding for most non-profit organization and gioven the money to the private sector. The privitization factor is the other sword in your side. Funding is cut so there is less money for staff and salaries. People need to think about the repercusions of this rhetoric before they cast their vote. This is exactly what you have been voting for for the last eight years. The trial lawyers have become almost impotent to help the average joe because of Tort reform the republicans got you to swallow. Now you have no protection and only six months worth of unemployment. I hate to say it but it will be an uphill battle. Document everything, you must be very sneaky. copy the time sheets, document your time and all of the older employees contrary to the younger employees. then file a complaint with the EEOC (Equal Employment Opportunity Commission) get your documentation first they may change things once they know you have filed a complaint or fire you. Call the police or security and escort you from the building then you have no proof. Wait about a month or two to get your documentation first to show a pattern and contact an private employment lawyer. I am black and anti-affirmative action laws are being passed in several states. So I wont have a leg to stand on either in a couple of years. People are so nieve these laws were made for a reason now they are being circumvented in every sector. Age, sex and race discrimination is alive and well. Good Luck!!!

Answer 3

Age discrimination is difficult, but not impossible to prove. Here's the way it works. You file a claim for age discrimination. The employer must then present proof that an age-neutral reason for termination existed. Testimony that you were unable to handle the workload will be enough to fulfill that burden. Then you will have to prove that the reason did not exist and that the employer was motivated by age. This burden is quite heavy and it's not possible from the few facts presented to determine whether you would be able to meet that.

If you are terminated and want to assert a claim, do not wait. Before filing a lawsuit, you are required to file a claim with the Equal Employment Opportunity Commission. I believe the claim must be filed within 90 days of employment. Double-check the EEOC's website to verify the deadline and do not miss it. You may also have a state agency, such as an employment commission, with which you must file a claim before litigating. These administrative remedies are prerequisites to filing a lawsuit.

Best of luck to you!

Answer 4

The answer to your question will vary quite a lot depending on where in the world you live .. or in what State in the US you are. Laws can be quite different, especially with fine print regulations attached also. I do agree that your extra work load is probably a result of your years of experience ... but they must also realize that you should be training the newbies, not doing all the work yourself. If they drive off all the experienced people with overload .. then what will they have to offer? If you truly believe they have a "hidden agenda" to rid the agency of older workers .... rather than think of age discrimation lawsuit ... check out your workers' comp laws also (now I'm being devious) ..... stress claims have become quite poplular, although I'm not necessarily advising that route since I don't know where you are!

Answer 5

Non profit organisations have a less professional 'work' and 'benefits accrueing to work'- culture and a considerable chunk of work is 'voluntary'.And a considerable area and volume of work is not what is professionally 'transparent' and 'structured'.

Considering that you have been part of this organisation for a sustain ably long time, and that you have made outstanding contributions, and also that the organisation has shown its recognition of your contributions through awards and promotions - bringing your issues on to a 'negotiating table' might be an excellent idea ,to off set as it were , any 'hidden agenda' towards being 'laid off'.
Yes ,and also ,consulting your state employment bureau (maybe they can play the role of a facilitator/mediator),and knowing exactly where you stand,before you embark on a confrontational mode might not be a bad idea.

Good Luck!!

Answer 6

No. You will lose that one. The reason is simple. You have been there 17 years, and the company can justify giving you the extra work purely on that basis; experience. I suggest you speak to your supervisor about it and be honest with him/her. Tell them that you can't handle that much work and need a lighter load. Be prepared, however, to be demoted.

Answer 7

yes you may have chance discuss it with your state Employment Bureau