I was laid off ... trying to figure out if it is worth calling a lawyer

[Anonymous]

I am 55 and just received a nice layoff package from company where I have worked 14 years. I have suspected it was coming since last summer when out of the blue, an executive that I worked with asked for me to be removed from an account (I am in sales). I had just received a big raise, had overachieved my quota the past 2 years and also in 2017, always good ratings. But he was very pushy about wanting a change and I was removed and put on a terrible territory in 2018. After not selling a thing on 1st quarter and basically having to lie to show anything in the pipeline in 2nd quarter, I was called by manager and told I had 30 days to find new job in company (extremely unlikely as hiring manager has to go thru major hoops to hire a marked person for layoff.) Or I was employed until end of June and I get a small severance. Meanwhile since last fall I have been trying to find a new job out side of my company. I was very close for my dream job and devastating for me, they did not offer me the job after extensive hiring process.

I do feel I was targetted for layoff for my age more than anything else. I work at a high tech company that wants to appear younger. And I can see that most everyone who were laid off were over 50. Its systematic and everyone seems to know it.

Is it worth calling a lawyer or do big companies have HR that make sure they are not liable for employment issues? I am not sure what would be of interest to an employment lawyer - whining does not count for much!

[Anonymous]

Anonymous wrote:I am 55 and just received a nice layoff package from company where I have worked 14 years. I have suspected it was coming since last summer when out of the blue, an executive that I worked with asked for me to be removed from an account (I am in sales). I had just received a big raise, had overachieved my quota the past 2 years and also in 2017, always good ratings. But he was very pushy about wanting a change and I was removed and put on a terrible territory in 2018. After not selling a thing on 1st quarter and basically having to lie to show anything in the pipeline in 2nd quarter, I was called by manager and told I had 30 days to find new job in company (extremely unlikely as hiring manager has to go thru major hoops to hire a marked person for layoff.) Or I was employed until end of June and I get a small severance. Meanwhile since last fall I have been trying to find a new job out side of my company. I was very close for my dream job and devastating for me, they did not offer me the job after extensive hiring process.

I do feel I was targetted for layoff for my age more than anything else. I work at a high tech company that wants to appear younger. And I can see that most everyone who were laid off were over 50. Its systematic and everyone seems to know it.

Is it worth calling a lawyer or do big companies have HR that make sure they are not liable for employment issues? I am not sure what would be of interest to an employment lawyer - whining does not count for much!

Can you prove what you are suspecting?

[Anonymous]

It's tough, because older employees tend to be earning more than junior employees also. So they can justify it as laying off the employees who cost them the most.

[Anonymous]

You have worked there for 14 years. Think back to everyone who has been let go over the entire time.

Have they always fired the 50 somethings or is it just in this latest round?

[Anonymous]

I have a friend who is 61 and got 'laid off' last fall. She was months away from retiring. It smells like they did her in because of her age and retirement. She is still unemployed. She is wondering about getting a lawyer too.

[Anonymous]

Anonymous wrote:It's tough, because older employees tend to be earning more than junior employees also. So they can justify it as laying off the employees who cost them the most.

This. Based on your age, you are probably proportionally overpaid.

[Anonymous]

Anonymous wrote:I have a friend who is 61 and got 'laid off' last fall. She was months away from retiring. It smells like they did her in because of her age and retirement. She is still unemployed. She is wondering about getting a lawyer too.

My dad was fired at 61 as well (in his case, fired fired, not laid off, for confronting his manager about stealing). He was never able to get another job so he just gave up and retired after several years of trying to find employment. We all really wish he'd talked to a lawyer.

[Anonymous]

Anonymous wrote:I am 55 and just received a nice layoff package from company where I have worked 14 years. I have suspected it was coming since last summer when out of the blue, an executive that I worked with asked for me to be removed from an account (I am in sales). I had just received a big raise, had overachieved my quota the past 2 years and also in 2017, always good ratings. But he was very pushy about wanting a change and I was removed and put on a terrible territory in 2018. After not selling a thing on 1st quarter and basically having to lie to show anything in the pipeline in 2nd quarter, I was called by manager and told I had 30 days to find new job in company (extremely unlikely as hiring manager has to go thru major hoops to hire a marked person for layoff.) Or I was employed until end of June and I get a small severance. Meanwhile since last fall I have been trying to find a new job out side of my company. I was very close for my dream job and devastating for me, they did not offer me the job after extensive hiring process.

I do feel I was targetted for layoff for my age more than anything else. I work at a high tech company that wants to appear younger. And I can see that most everyone who were laid off were over 50. Its systematic and everyone seems to know it.

Is it worth calling a lawyer or do big companies have HR that make sure they are not liable for employment issues? I am not sure what would be of interest to an employment lawyer - whining does not count for much!

Even the change in territory could be considered a discriminatory act. However, the bolded concerns me. I'm not sure you'd get any traction if they can prove you lied. Seems like a legitimate reason to fire to me. Anyway, it'd be worth a consultation with an attorney. If you feel you have grounds you can file a complaint with EEOC and go from there.

[Anonymous]

HR here OP. Yes I do think it's worth just a one hour consult with an attorney. What you describe sounds to me like constructive discharge. If the stats show that the layoffs disproportionately impacted older workers, I think you have a case. They may at least offer you something to settle. The favorability of your position may be affected by the state you're in as well.

[Anonymous]

Plaintiff's employment lawyers typically work on contingency and are usually happy to schedule a free consult with a new potential client. I don't see any downside to calling a couple to see what they think of yiur situation. Except the cost of your time.

[Anonymous]

Well, a smart company would have run the stats prior to a multi-person layoff to make sure there is not even an appearance of impropriety and that every person on the list can be justified. Basically, the defense to any claim is prepared ahead of time both to make sure they are being fair and to prove that they were. No one likes to fire people, and most managers try hard to be fair about it.

Plus you just admitted that you lied to your employer, so basically you are screwed -- independent grounds for termination for cause means no damages.

Litigation sucks and is very time consuming and humiliating to the individual. And which co worker are you going to throw under the bus to show it should have been them and not you?

[Anonymous]

Yes, I think it's worth consulting a lawyer

I would do this now before you accept the severance package. At a minimum, your lawyer should be able to negotiate a better severance package for you.

[Anonymous]

OP here. I overstated the lying comment. My manager asked me to be overly aspirational in identifying opportunities for our CRM system. I did not lie. If i had no opportunities identified that would be really bad - like i was doing nothing all day. They were just in my judgement very poor sales opportunities.

How would I find an employment lawyer to cconsult with?

Thanks for all the good feedback,

[Anonymous]

I would speak with a lawyer. At a minimum, you can get a better sense as to whether you have a decent argument and whether to pursue anything (even just having a lawyer negotiate an exit package could be beneficial).

[Anonymous]

When companies are "downsizing" and laying off a lot of people HR and legal should go through a process that makes sure that no protected class gets discriminated against. But not all companies do this thus they open themselves to law suits. If your layoff is a one off there needs to be a performance component. If you have not signed a release I would definitely get a POV from an employment attorney. If you signed a release you may be out of luck.