Age Bias and Your Rights at Work
As the economy declines and layoffs continue are you concerned that, if your company downsizes, your position may be eliminated because of age discrimination? That’s on the minds of many people in the workforce today.
If you are not aware of it, the Age Discrimination in Employment Act (ADEA) provides employers with specific guidelines when they are offering severance packages to their employees.
Mildred Culp’s recent column (Workwise) offers helpful points to be aware of regarding potential age discrimination and your rights. According to Attorney Andrew Milne, whose practice specializes in employment, business and technology law:
- If you are terminated, but not part of a group of layoffs, you are given by law at least 21 days to think about the severance package. Don’t be forced to sign on the spot a release of claims when offered the package.
- If you sign it, you must be given the option to revoke the waiver in the release of claims – in writing – within seven days.
- You have 45 days or more to make your decision about your package, along with the seven-day revocation provision, if your severance is part of a group layoff or early retirement program.
- Your employer is also required to provide you with written information about other employees in your group. This information will help you determine how many are being laid off or offered early retirement by job classification and by age. If you need advise, you can then take this information to an attorney to determine if there is any targeting of employees over 40 years of age at your organization.
Whether in a good economy or not, with or without layoffs looming, remember that effective career management is in your care. Nurture and take steps to manage your career proactively so that you stand apart as an indispensable member of your organization. This can help you in surviving layoffs.
Article by, Louise Garver and courtesy of CareerHub.com. The Career Hub blog connects job seekers with experts in career counseling, resume writing, personal branding and recruiting.
