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8 Things That Keep Your Workplace Vintage Sweet!
September 08, 2014

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Employee Rights News You Can Use

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Date September 8, 2014!!

Issue #65

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Hello!

8 Things That Keep Your Workplace Vintage Sweet!

Sometimes in conversation I'll lovingly, jokingly and respectfully refer to the age of myself or others as a "vintage". The word "old" over the years has been characterized as a negative in the workplace. About a year ago a good friend of mine's problems escalated with management in her employment. According to her there were no problems in almost 10 years on this particular job. Then came a change in ownership of the corporation. First, three of her co-workers who also had satisfactory work records were terminated for various reasons. Then the fateful day came and my friend was "let go".

Now, there's obviously more to this story. But, one thing my friend and the other three co-workers had in common was...

1) they are women

2) they are all over 40 years of age

In fact, all four of them are at least 60 years of age. One, of the blessings for my friend was the fact she had yours truly providing info thru my Basic Employee Rights websites and my monthly Newsletter to learn from. In fact, about 6 months before her termination she started in earnest learning what her employment rights were. She became aware how important education is relevant to things like...

reading and understanding employee handbooks
employee performance reviews
how to DOCUMENT
how to PROVE discrimination
her age, gender and discrimination rights
when to consult a legal advocate
what evidence the legal advocate needs to prove her complaint

Here are a couple of situations she documented from her experience...

In a staff meeting of at least 10 employees a manager was quoted as saying "We want to get rid of the old ones (employees)". In a specific statement aimed at my friend a manager was quoted as saying "...get rid of that old witch bitch".

Her journey for justice started almost a year ago. Now she is on the verge of receiving a substantial out of court settlement from her former employer. Why? Because her employer CAN NOT defend against it's own stupidity and discrimination and has certainly doesn't want the negative publicity a jury trial would bring. In a word it's called THE TRUTH (that's two words ;0) The attitude of this management is the norm not the exception in the American workplace.

Her story like others I've encountered is the reason Basic Employee Rights education is so important. Working with job applicants and employees to develop confidence, determination and faith in fighting against workplace injustice is my passion. There's no better reward than to KNOW you've positively impacted the life of another.

Age and gender discrimination like other forms of discrimination are on the increase in the workplace. The vintage (age) of most employees is usually an asset of training and experience that employers should embrace.

How prepared are YOU if the employer violates your rights against age discrimination? Would YOU be able to recognize discrimination based on your age?

The following is a short Age Discrimination quiz on the bare minimums every employee male or female over 40 should know.

Let's see how well you do.

1. The Protecting Older Workers Against Discrimination Act, proposed by Congress in 2012, would...

a) reinforce age discrimination laws
b) amend the (ADEA) Age Discrimination In Employment Act
c) make clear requirements for proving age discrimination
d) all of the above

2. An age discrimination complaint must be filed within 180 days from date of the alleged discrimination?

TRUE
or
FALSE

3. It's illegal for employers to do the following...

a) fire older employees because of job performance problems
b) advertise for energetic young to hire
c) force vintage (older) employees to retire
d) a and b
e) a only

4. The Age Discrimination in Employment Act (ADEA) of 1967 protects workers 40 and older from personnel decisions based on age, including hiring, firing, layoffs, promotions or demotions.

TRUE
or
FALSE

5. What department of the federal government investigates age discrimination claims?

a) Federal Bureau of Investigation
b) Consumer Financial Protection Bureau
c) Federal Communications Communication
d) Equal Employment Opportunity Commission

6. If you're thinking about filing an age discrimination claim, you should:

a) Talk with a lawyer who specializes in employment issues.
b) Keep a record of documents, situations, comments or anything else that suggests age discrimination.
c) Have a lawyer review the documents your employer asked you to sign before you leave your job.
d) All of the above

7. How many age discrimination claims were filed in 2013?

a) 4,702
b) 8,410
c) 15,050
d) 21,396

8. What are some signs you could be subjected to "vintage" (age) discrimination at work?

Years of solid performance reviews suddenly turn negative. You're given new demands or quotas that seem harsh and unreasonable. Younger employees are given on-the-job training courses that you and other older workers are not offered.

Answers

1. all the above
This law would overturn a recent U.S. Supreme Court decision. It would make it clear that the burden is not on the worker when he or she claims that discrimination was a "motivating factor" behind a firing or other personnel decision. It would put the burden on the employer to show it complied with the law.

2. TRUE
The 180 day deadline may be extended to 300 days if your state prohibits age discrimination and a state agency enforces it. The deadline is not extended in cases where only local law prohibits age discrimination.

3. d) Both A and B
According to the ADEA, employers are generally prohibited from mentioning age in job advertisements and recruitment materials. An employer generally can fire workers for any reason (the hated "at will"), as long as it's not based on age, race, color, national origin, religion, sex or disability.

4. TRUE
The act applies to employers with at least 20 workers. It does not protect independent contractors or military personnel.

5. Equal Employment Opportunity Commission
To file a complaint, go to eeoc.gov

6. All of the above
Many states and municipalities offer stronger protections for older workers than federal laws do. For instance, some state laws apply to firms with fewer than 20 employees. The Workplace Fairness website provides information on each state's discrimination law.

7. 21,396
Age discrimination claims have been on the rise since 1997, when 15,785 reports were filed, according to the Equal Employment Opportunity Commission.

8. All of the above
Here are two other red flags: You've applied for a promotion, but your manager gives the job to a younger, less qualified employee. Your employer announces layoffs, and most of the employees who lose their jobs are older. At the same time, younger, less experienced employees are kept on.

For more info on age discrimination click the following link....
http://you-can-learn-basic-employee-rights.com/AgeDisc

If you have a problem with the link just copy and paste the link into your web browsers address box.

Until next time, watching Your Basic Employee Rights back ;0)

Yancey

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Employee Rights Educator, Coach, Trainer, Advocate, Internet Business Presence Consultant

http://EmployeeRightsVideos.org
http://www.You-Can-Learn-Basic-Employee-Rights.com
http://EmployeeRightsGuide.com
http://EmployeeWorkplaceRights.com
http://Employee-Rights-Questions.com (work in progress)
http://BasicEmployeeRights.com (really in progress)
http://BasicEmployeeRights.org (coming soon!)

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PUBLISHING SCHEDULE

Your Basic Employee Rights eNews is published the first week of the month, 12 weeks per year. From time to time we will publish special features that affect employees in the workplace. We may also offer third party resources that will be of benefit to you our valued subscriber.

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DISCLAIMER

Note: Any and all information provided within this Newsletter/Ezine is for educational and general information purposes only. It is NOT INTENDED as legal advice. Please review this specific disclaimer;

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Written by Yancey Thomas Jr.

Owner, You-Can-Learn-Basic-Employee-Rights.com

(c)copyright 2014 You-Can-Learn-Basic-Employee-Rights.com

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