Fri 11 Aug, 2017 03:13 pm
A business lays off a 60 year-old highly-paid employee, and replaces him by hiring a new employee who is 61 years old at a lower salary.
The business' motive is to save money.
Is that illegal (e.g., age discrimination)?
Probably not - it's really an issue if the 60 year old is replaced by a 39-year-old (age discrimination in the US doesn't really kick in until age 40, for the most part).
You don't say if this is for the same position or not.
The company could re-name the job title and hire anyone to fill that new position.
I understand it is generally illegal to dismiss an old employee in order to replace him/her with a young employee.
But is it illegal to dismiss a highly-paid employee and replace him/her with a lower paid employee where age is not a factor?
Probably not, especially in an ironically labeled "right to work" state.
I have seen companies dismiss all staff and then hire back just the ones that are needed. Was there a re- organization of the company?