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re: Asked to replace older employee with younger one - WWTOTD?

Posted on 2/16/15 at 2:41 pm to
Posted by Horsemeat
Truckin' somewhere in the US
Member since Dec 2014
15194 posts
Posted on 2/16/15 at 2:41 pm to
I'd call the cops. I hear you're a fan.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/16/15 at 2:42 pm to
quote:

But for your general knowledge, there are often exceptions to agreements containing NDAs and "participation in an EEOC or related proceeding or investigation" is frequently one. You might want to keep an eye out and see if yours has such an exception.


We all signed one before but it had to do with our clients. Our dealings with them are confidential. This one is about internal discussions, "deliberate process", and executive directives. Sounds like bullshite.

I'm not signing anything until I hear back from a lawyer.
Posted by Mr. Wayne
Member since Feb 2008
10083 posts
Posted on 2/16/15 at 2:42 pm to
I think I'm going to hang out here for the rest of the day.
Posted by 756
Member since Sep 2004
15771 posts
Posted on 2/16/15 at 2:46 pm to
sounds like you may be the scape goat
Posted by LSUJuice
Back in Houston
Member since Apr 2004
18016 posts
Posted on 2/16/15 at 2:46 pm to
Is it possible that upper management has reasons you don't know about and they're not telling you?

Also, what's more alarming is that they're not taking your advice on hiring the 35-year old. If I were tasked to hire someone, I sure would like it if my boss trusted my judgment in the matter.
Posted by LSUwag
Florida man
Member since Jan 2007
18001 posts
Posted on 2/16/15 at 2:47 pm to
I hope the older employee sues the heck out of your employer.

Remember, we will all eventually be that older employee.
This post was edited on 2/16/15 at 2:48 pm
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86023 posts
Posted on 2/16/15 at 2:47 pm to
quote:

I'm not signing anything until I hear back from a lawyer.



good, do what your lawyer says.

Are you on the record as being opposed to shafting the older guy? May provide you some retaliation protection if so. I'm just thinking out loud, do whatever your lawyer tells you to.
Posted by Chad504boy
4 posts
Member since Feb 2005
176104 posts
Posted on 2/16/15 at 2:48 pm to
This post was edited on 2/16/15 at 2:51 pm
Posted by cajunangelle
Member since Oct 2012
162760 posts
Posted on 2/16/15 at 2:48 pm to
quote:

Textbook age discrimination. Watch yourself.


If you are the old person getting canned; isn't this impossible to prove? The employer will find some rule in the newly revised employee handbook that the old guy broke.

As well as most every employee handbook says the employer reserves the right to terminate for any reason.

Sadly, the old guy is the loser. The old guy never wins.

Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/16/15 at 2:51 pm to
quote:

Posted by LSUJuice Is it possible that upper management has reasons you don't know about and they're not telling you?


Doubtful. New COO is from the company that was absorbed. He was quick to offer up all his employees' jobs during the consolidation in order to get more for himself. Only people that got cut were from his side. I honestly think this is just his MO. The guy we used to have is semi-retired and wouldn't pull any of this BS. I doubt the president/CEO would either. They're both stand-up guys and right now I'm assuming they are unaware of these shennanigans.

Right now it feels like a game of chicken where I'm driving a corolla and he is driving a F250.

He just stormed out of his office with a really red face. Looks like he is done for the day and we are off tomorrow. Ah, the suspense.

Wife is going to be pissed when I tell her we might be poor soon.
This post was edited on 2/16/15 at 2:55 pm
Posted by SCwTiger
armpit of 'merica
Member since Aug 2014
6885 posts
Posted on 2/16/15 at 2:52 pm to
Real time soap opera.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86023 posts
Posted on 2/16/15 at 2:52 pm to
quote:

CajunAngele


It's pretty hard. Really all of them are tough (age, race, gender, nat origin). Age may be the toughest. Retaliation is probably the easiest.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
17127 posts
Posted on 2/16/15 at 2:56 pm to
quote:

As well as most every employee handbook says the employer reserves the right to terminate for any reason.


The employee handbook does not supersede law. Do you think they could terminate every black, or pregnant female bc of that line in the handbook? Of course not.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17576 posts
Posted on 2/16/15 at 3:00 pm to
quote:

well as most every employee handbook says the employer reserves the right to terminate for any reason.

Posted by cajunangelle
Member since Oct 2012
162760 posts
Posted on 2/16/15 at 3:02 pm to
I'd contact HR if I were the old guy. If there is an HR. Most HRs in large companies are worthless PC clown carts.

Call the dept of labor.
Posted by cajunangelle
Member since Oct 2012
162760 posts
Posted on 2/16/15 at 3:03 pm to
quote:

It's pretty hard. Really all of them are tough (age, race, gender, nat origin). Age may be the toughest. Retaliation is probably the easiest.


It's quite sad.
Posted by 777Tiger
Member since Mar 2011
88657 posts
Posted on 2/16/15 at 3:27 pm to
quote:

The old guy never wins.


I've seen this a lot at my company. Goes in cycles, but when it comes time for tightening the belt, the old farts are easy targets, and they are at the top of the pay scale, have the most vacation, likely getting more paid benefits than current new hires, etc. All of those years of loyal service don't mean shite.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 2/16/15 at 3:38 pm to
quote:

He is 52 years old. They want him gone before new guy gets here.


quote:

Yes, the new guy is willing to work for less than half the cost, but is this not an indicator of bad things to come?


Way against the law. You can not fire the old guy due to age.

Very shitty company to even suggest firing the guy due to his age. You could be next.
Posted by 777Tiger
Member since Mar 2011
88657 posts
Posted on 2/16/15 at 3:41 pm to
quote:

Way against the law. You can not fire the old guy due to age.

Very shitty company to even suggest firing the guy due to his age. You could be next.


my company won't hire an "older" applicant at the end of a hiring cycle because they don't project that person to attain a certain level before mandatory retirement, how fricked up is that?
Posted by LSUTygerFan
Homerun Village
Member since Jun 2008
33232 posts
Posted on 2/16/15 at 3:43 pm to
shite ! I'm getting fired?!?!?
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