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Topic: Age Discrimination
| Author | Message |
| catlondon | Posted – 12/5/2007 3:35:39 PM | show profile Okay, here's one thing people, including Confident Designer, can do. If they feel they have been the target of age discrimination, they can file a complaint with the EEOC. You don't need a lawyer to that and the EEOC must investigate. Just call 'em up. It's that easy. |
| ConfidentDesigner | Posted – 12/5/2007 4:16:57 PM | show profile but...all of us that were laid off had to sign a release relinquishing our rights to not ever sue. otherwise we would not get our sev. packages, which we all of course needed. But...my severance time is up and I've been paid my last check. I wonder if EEOC would still look into this? |
| catlondon | Posted – 12/5/2007 4:27:13 PM | show profile Confident Designer: You have a 180 days to file, so I think you're still within the time frame. At the very least, it will send a strong message to your former employer. |
| ConfidentDesigner | Posted – 12/5/2007 4:39:40 PM | show profile Indeed. That is my hope. I just wrote down the names of all the people that were let go in less than a year...there are EIGHT of us. ALL over 40. And this is at an org. that is about 2/3 under age 30, most of them being interns. The org size is about 70 people. Yeah, a little fishy. Is the EEOC obligated to investigate once a claim has been made? Also, can I remain anonymous (the one filing the claim)? |
| catlondon | Posted – 12/5/2007 4:51:17 PM | show profile I'm almost positive the EEOC must investigate every claim. The org will be asked to document its practices. There is a way to remain anonymous. The EEOC.gov site is pretty straightforward about it. FYI, I was on the wrong side of one these claims (I fired a minority) and even though no wrongdoing was found, the whole investigation took months and cost my company a lot of money. I wasn't a huge fan of my company, which engaged in plenty of questionable practices, so I wasn't upset to see them scrambling to cover more egregious problems that were brought to light during the course of the EEOC's inquiry. The EEOC did tell a woman she could sue during a later investigation of sexual harassment at this same company. They settled out of court for a lot of money. |
| Marie | Posted – 12/5/2007 5:09:21 PM | show profile CD--that's why at the time we were all telling you not to sign that document, and to ask for an extension, which the company would have given, and may have even been required to give you. There's almost nothing you can do now, unless you can prove that the company put you under duress to sign or did not give you the time allotted by the laws of your state (you can probably check those laws on line). |
| Marie | Posted – 12/5/2007 5:14:21 PM | show profile I just read the previous post, and perhaps you can file a complaint with the EEOC even though you signed a document waiving most of your rights. Look into it. But the purpose of the document is to keep you from doing just that. That's exactly why the company wants you to sign it and will usually negotiate upward with you to get you to sign. |
| ConfidentDesigner | Posted – 12/5/2007 5:26:50 PM | show profile I just spoke with the EEOC and I'm beginning the process. The woman said that it indeed sounds like I have a case worth investigating. They are sending me the initial questionaire and then will meet with someone at the local EEOC office after that for review. Right after that, they will inform the organization that they are being investigated and it'll start. Thanks for the support and encouragement. I will keep you posted about this. Did your company end up paying out a settlement to the person filing the claim? |
| ConfidentDesigner | Posted – 12/5/2007 5:31:21 PM | show profile Marie- Filing a claim with the EEOC is entirely different than filing a lawsuit. This will involve a miserable investigation for them and they will have to divuldge all employment records, etc. and practices over the past year. I know for a fact, that this place keeps sloppy records and think they're above it all. All I want to happen is some difficult times for them so they learn their lesson NOT to try this again. I HAD to sign the sev. aggreement in order to have money to live. I had no choice. Let's just let that one alone, shall we? Now the ball will be in the EEOC's court and perhaps they won't do this again. I just want to make their lives pretty uncomfortable for awhile, is all, like they did mine! |
| writesonwater | Posted – 12/5/2007 5:45:06 PM | show profile Good luck, CD. Another consideration could be that even though you signed that document at that time, if they have gotten worse, sloppier, more egregious, whatever -- maybe the case has gotten stronger since and maybe the law will be bigger than your signed deal. I know what it's like to be over a legal barrel -- I recently signed something in order to settle for a fraction of what I was owed and consequently am not allowed to talk about it in no uncertain times, to the perplexity of people I'd talked about it previously to. It was a bitter pill but I needed at least that cash and it was better than nothing at the time. |
| ConfidentDesigner | Posted – 12/5/2007 5:55:47 PM | show profile yeah, I'm not supposed to ever say anything disparaging words against them either but since I've gotten my final sev. check, I don't know what they can do about that now. Besides, filing a complaint against them with the EEOC isn't saying anything disparaging...it's just asking for an investigation. |
| ConfidentDesigner | Posted – 12/5/2007 5:57:24 PM | show profile writes: what would they do if you said disparaging words about them after you've accepted the settlement? Go to the expense of suing you back for the money? that's doubtful. |
| Chamsah | Posted – 12/5/2007 6:04:31 PM | show profile You can still sue! I'm not a lawyer (I won't make the TV joke) but my brother does contract law, so I ran my severance agreement agreement past him. I asked him the same question about signing my rights away to sue. (BTW: that's in EVERY standard severence package, so don't think much of it.) He said the most important thing was to sign it and get my money. So you did the smart thing. He also said that just because I signed that document does not mean it would hold up in court if the company broke the law. Good news! The bad news is that if you worked for a major corporation, they will not settle and this could cost you a fortune. Depends on your financial situation and you have to face that you might not win. Pursuing this legally is an option. Consults are free, after all. Find a good labor lawyer who works with the media. Good luck! |
| ConfidentDesigner | Posted – 12/5/2007 6:16:11 PM | show profile Chamsah- Thanks. AWESOME!!!! I had a hunch that just because I signed the thing doesn't mean they can get away with breaking the law. I'm starting with the EEOC, which I guess you have to start with anyway, and filing that claim against them. I'm sure they'll fine, if they investigate, that they've got the age discrimination thing going on there big time. And no, it's not a big corp. It's a little non profit with clearly sloppy procedures. |
| Chamsah | Posted – 12/5/2007 6:28:33 PM | show profile Go for it Man.... I hate to disparage non-profits but your chances of winning just went up. (I know this isn't ALL about winning but when you've been screwed and you're still feeling angry, winning does come to mind about a million times a day...) Who wants to go up against a major corporation? They COUNT on that when they pull this shit. Small companies and non-profits are not going to want to deal with a messy lawsuit. Plus all of the PUBLICITY that it will garner. A simple letter from an attorney stating greviences, a dollar amount and the news coverage just might get them to toss you some money to make it go away. Hate to piss on your parade but the initial problem will still exist... the industry-wide firing/laying off of 35+ in favor of out of college kids for a third of the money. You could very well face the same problem at your next job. We have to do something to stop this on a system-wide level/ But hey, if one person wins a battle, that's great. Keep us posted. |
| ConfidentDesigner | Posted – 12/5/2007 8:50:28 PM | show profile Yes, I will keep you posted. I think I will stay out of the "workforce" per se and just stick to working for myself. It's harder and there are big hurdles to jump over but...it's up to ME (and well, paying clients, of course) and nobody can lay me off because I'm "over the hill". Been working for da man for 30 years and have been laid off 3 times. |
| janbrady1 | Posted – 12/5/2007 9:50:07 PM | show profile I am in my early 30s and at a senior-level editing job, but can't see myself as, say, an EIC. And the freelance writing job is too financially unstable for me to handle. Am definitely worried about where I'll be in my 40s and 50s. Any advice from those there on how to make myself more marketable? Can I just find a good senior editor gig somewhere and hope to hang on until I retire (assuming I don't get laid off first)? Or do I need to start pondering second career/book ideas/etc.? |
| ConfidentDesigner | Posted – 12/5/2007 10:25:42 PM | show profile and at a senior-level editing job, but can't see myself as, say, an EIC. And the freelance writing job is too financially unstable for me to handle. Am definitely worried about where I'll be in my 40s and 50s. Any advice from those there on how to make myself more marketable? Change careers! Can I just find a good senior editor gig somewhere and hope to hang on until I retire (assuming I don't get laid off first)? NO WAY! And please listen to this: You WILL get laid off at some point, guaranteed. Or do I need to start pondering second career/book ideas/etc.? Change fields. Go into the medical field. You'll be guaranteed a job there for awhile. |
| caitlinkelly | Posted – 12/5/2007 11:36:57 PM | show profile janbrady, as someone north of 40 and facing, I have little doubt, age discrimination along the way, I'd urge you to NOT count on this Titanic of an industry for the next 10- 20 years. Get an MBA or a professional degree if that suits you and see where else you can move next. I would not suggest anyone your age hang in/on to this volatile, insecure and youth-obsessed industry. As for book-writing as a solution, I'll try not to laugh. Writing books can be a lot of fun but for most people it is NOT a way to earn more than one did before in a FT staff job or even doing well freelance. The time and energy to write books comes on top of all those other responsibilities and often, literally, at their expense. |
| dribbledrive1 | Posted – 12/6/2007 4:11:07 AM | show profile -- Is the EEOC obligated to investigate once a claim has been made?-- This has been a big point of discussion. The EEOC has been backlogged with age discrimination filings. In a huge percentage of cases, the EEOC issues "no cause findings," and some believe they reject a lot of cases because they don't have the staff to adequately review them. |
| dribbledrive1 | Posted – 12/6/2007 4:17:31 AM | show profile Think about what you're saying: You hope to get a senior editor job and hang on for 20 years or more until you can retire? That strikes me as a bad, risky plan. Most of us now have two or three careers in our lifetime. Now is a perfect time for you to think about the future and decide what you want to do -- if you are passive you may just turn yourself into a victim. A senior editor position is particularly risky. I don't think a senior editor in their 40s or 50s are perceived as more valuable because of their experience than someone in their 30s. Just the opposite, in fact. --I am in my early 30s and at a senior-level editing job, but can't see myself as, say, an EIC. And the freelance writing job is too financially unstable for me to handle. Am definitely worried about where I'll be in my 40s and 50s. Any advice from those there on how to make myself more marketable? Can I just find a good senior editor gig somewhere and hope to hang on until I retire (assuming I don't get laid off first)? Or do I need to start pondering second career/book ideas/etc.?-- |
| dribbledrive1 | Posted – 12/6/2007 4:22:45 AM | show profile I don't mean to be a drone, but I bristle against the inference that people need to scurry to find "safe" jobs so they can eke out little existences. Sure, you need to support yourself, and you need to keep an eye to the future. But if you are bright and tenacious and open-minded, the world is full of opportunities. I am pushing 50, but I am looking to branch out into some entirely new opportunities. --Or do I need to start pondering second career/book ideas/etc.? Change fields. Go into the medical field. You'll be guaranteed a job there for awhile.-- |
| janbrady1 | Posted – 12/6/2007 3:06:25 PM | show profile Caitlin, too true about book-writing. Thanks for confirming my fears. And for the good advice. This thread reminds me, in a way, of the thread from the 20-something who wanted to switch careers because she wanted to increase her earning potential. Most posters pooh-poohed her, noting that everyone knows journalists make peanuts, but at least do something creative and rewarding in return. This thread shows that even so, there are many reasons not to take the plunge, or to get out while you're still afloat. Sad. |
| granitegirl | Posted – 12/7/2007 4:38:12 PM | show profile "Titanic of an industry" is one of the most brilliant assessments of the magazine industry I've seen in awhile. Of course, my friend called Sports Illustrated that just before he left after thirteen years there. |
| ConfidentDesigner | Posted – 12/7/2007 4:55:03 PM | show profile Why did he call SI that? |
