Home
1-800-458-2778 eNews Contact Us Site Map Search
 
Fair Measures, Inc. - Legal Training for Managers
 
 

 
Question & Answer
 
 

Can my boss make me retire? 09-09-2009

My boss recently reminded me that I have a birthday coming up and also asked if I was thinking of retiring. I said no, that I wasn't going to retire any time soon (I'm 62). My boss then told me that she was going to reduce my work hours from full time to part time and hire someone else full time to do my job. I have worked at the same job for 23 years and feel like this is age discrimination. Do I have a case? Thank you.

Ann Kiernan replies:

If your job performance is meeting your employer's legitimate expectations, and you have been cut from full-time to part-time just because you are 62, you certainly do have a case! But, if the employer had legitimate, non-discriminatory reasons for reducing your hours, the answer may be "no". In June, 2009, the US Supreme Court held in Gross v FBL Fin Servs Group that an age discrimination plaintiff must establish by a preponderance of evidence that age was the cause of the adverse employment action challenged, and not merely a motivating factor.

To better understand your rights and possible choices about litigation, please make sure you consult a local employment attorney promptly. Good luck!


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
 
 
 
Training

Managing Within the Law
This strategic seminar is core management training for experienced and new executives, managers, supervisors and leads.

Respectful Workplace
We bring in your organizational policies and values to strengthen your workplace as a great place to work.

Fair Measures Webinars
World-class webinars, taught in real-time via the internet, by our expert attorney-trainers.

 
 
Services

Workplace Investigations
Prompt, thorough, and efficient investigations conducted by a trained, neutral investigator.

Mediation Services
Resolve workplace disputes that are disruptive and can be devastating personally and professionally.

 

     
 
 
 
 
© Copyright 1997-2015 by Fair Measures. All rights reserved. Read our Privacy Policy.