legal question

[Russ79]

Not sure if anyone has any experience or knowledge about this, but is there a statute of limitations on an charging an employer with age discrimination. Does the charge have to be made immediately upon occurrence or can it be a few years later to make the charge.

[fish4food]

I believe EEOC only gives 2 years.

[Huntsman27]

Generally speaking Charges of age discrimination must be filed with the EEOC within 180 days of the alleged discrimination.

If the Commission issues you a Right to Sue Letter you have 90 days to file a civil suit.

[Huntsman27]

For the record I am not an attorney.

[tvc184]

Generally speaking Charges of age discrimination must be filed with the EEOC within 180 days of the alleged discrimination.

If the Commission issues you a Right to Sue Letter you have 90 days to file a civil suit.

I believe this is correct. We deal with this sometimes at work it has to be a fairly recent occurrence.

[GarGuy]

Are we talking about charging someone or suing them?

[Stan R]

Are we talking about charging someone or suing them?

Pretty sure it would have to civil.

[fish4food]

Sorry for the bad info.

[Russ79]

What it amounts to is that a department head position came open that I had filled in the past but not at this time. I have worked in the department for that last 19+ years, had applied for the position, and was not even given an opportunity to have a discussion about it. I know our HR manager knows that retirement for me is sooner than later (he had actually talked to me in the past to see if I had an interest in retiring early since our headcount was heavy in that department). Another person was hired to fill the position without even talking to me to let me know that someone that I will have to report to has been hired. I am thinking that if someone is stupid enough to say "we didn't talk to you because we know you are getting close to retirement" could be construed as age discrimination. I really need to keep this job so I don't know if I still had the option to pursue if I decide to retire in the year and a half I have left before I reach the age of full SS benefits.

[DEADEYE1]

if you got a 1.5 years before you retire why bother?

[Throwin Darts]

What it amounts to is that a department head position came open that I had filled in the past but not at this time. I have worked in the department for that last 19+ years, had applied for the position, and was not even given an opportunity to have a discussion about it. I know our HR manager knows that retirement for me is sooner than later (he had actually talked to me in the past to see if I had an interest in retiring early since our headcount was heavy in that department). Another person was hired to fill the position without even talking to me to let me know that someone that I will have to report to has been hired. I am thinking that if someone is stupid enough to say "we didn't talk to you because we know you are getting close to retirement" could be construed as age discrimination. I really need to keep this job so I don't know if I still had the option to pursue if I decide to retire in the year and a half I have left before I reach the age of full SS benefits.

Did they say "we didn't talk to you because we know you are getting close to retirement" or did they ask you if you'd be interested in retiring early since headcount was high in the department? There is a big difference between the two.

Managers get hired every day without talking first to the employees that will report to them.

[Russ79]

I was asked over a year ago about if I had any interest in retiring early when a new department head was hired for the same position because that hiring put us one heavy in our department. I only mention that as a point of reference that our HR manager knows where I am in relation to retirement age, if I choose to retire when I get to full SS benefits age. The new hire for the department head happened end of last week. The point is that, for what I have seen so far, if you throw both of our resumes and job histories down side by side without meeting either of us I get it hands down. Also we were just acquired by another company that have been making a big deal about promoting from within and the person that was hired is from another company.

[CEO]

Do you plan to retire soon? I can't tell for certain by your responses.

I can see where the irritation comes from, but if you're close to the end it probably isn't worth the risk.

[Russ79]

Question for you Throwin Darts...if you applied for a position that heads the department you work in, that you would report to, and weren't hired for it but are only being told about it when the person that was hired into that position is introduced to you, would you not have a little bit of an attitude about why you weren't promoted into the job? Would you not expect that upper management that made the decision to come to you and explain where you fell short or just expect to throw the new department manager into the mix with someone that also applied for the job, didn't get it, and was not even given the courtesy of discussion about it after given 34 years total and 19+ years in that department.

[Russ79]

CEO that is my thinking. Technically I have one and a half years until I can receive full SS benefits, although I have toyed with the idea of working beyond that. Right now it isn't so much not getting the position as it is the lack of respect I was shown by upper management. If you preach treat everyone with respect then you need to walk the walk.