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Age Discrimination

 
 
gollum
 
Reply 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)?
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Type: Question • Score: 1 • Views: 1,317 • Replies: 6
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jespah
 
  2  
Reply Fri 11 Aug, 2017 03:16 pm
@gollum,
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).
gollum
 
  1  
Reply Fri 11 Aug, 2017 03:28 pm
@jespah,
jespah-

Thank you.
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PUNKEY
 
  1  
Reply Fri 11 Aug, 2017 03:38 pm
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.

gollum
 
  1  
Reply Fri 11 Aug, 2017 04:58 pm
@PUNKEY,
PUNKEY-

Same 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?
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emmett grogan
 
  1  
Reply Fri 11 Aug, 2017 06:36 pm
Probably not, especially in an ironically labeled "right to work" state.
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PUNKEY
 
  1  
Reply Fri 11 Aug, 2017 07:57 pm
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?
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