Can a company lay off an older employee?
And these employers have legitimate reasons for doing so and view this as a heart-wrenching but necessary step. At the same time, a small subset of employers may decide that, even though mass layoffs are not necessary, they will still lay off certain, older employees.
How many times have you been laid off after turning 50?
It’s steady work and, for that, Steckel, 62, is grateful. After turning 50, he was laid off three times before landing his current position in 2014, weathering unemployment stints of up to eight months. When he started, his $90,000-a-year salary was only 60 percent of what he made at his highest-paying job.
Can a federal employee claim age discrimination for layoff?
Note that the Supreme Court clarified that federal employees have a less onerous legal burden to prove in age discrimination claims as compared to private sector employees. Babb v. Wilkie, No. 18-882 (2020). The McDonnell Douglas framework for an ADEA claim for layoff due to age discrimination is as follows:
Can a covid-19 layoff cause age discrimination?
If, however, you are an older employee and find yourself laid off as part of a targeted reduction in force, then you may want to consult with an experienced employment lawyer to see whether your age, rather than the COVID-19 pandemic, motivated your employer to lay you off.
Note that the Supreme Court clarified that federal employees have a less onerous legal burden to prove in age discrimination claims as compared to private sector employees. Babb v. Wilkie, No. 18-882 (2020). The McDonnell Douglas framework for an ADEA claim for layoff due to age discrimination is as follows:
And these employers have legitimate reasons for doing so and view this as a heart-wrenching but necessary step. At the same time, a small subset of employers may decide that, even though mass layoffs are not necessary, they will still lay off certain, older employees.
It’s steady work and, for that, Steckel, 62, is grateful. After turning 50, he was laid off three times before landing his current position in 2014, weathering unemployment stints of up to eight months. When he started, his $90,000-a-year salary was only 60 percent of what he made at his highest-paying job.
If, however, you are an older employee and find yourself laid off as part of a targeted reduction in force, then you may want to consult with an experienced employment lawyer to see whether your age, rather than the COVID-19 pandemic, motivated your employer to lay you off.