Restructuring at a business often means significant staffing reductions. Companies trying to minimize costs and improve efficiency may let go of low-performing professionals. In some cases, they may target entire facilities or departments for layoffs.
Other times, those in management or human resources violate the law by factoring in workers’ protected characteristics when deciding who to retain and who to let go while restructuring. Many large companies in Indy may cite issues with a worker’s “cultural fit” or concerns about the company’s upcoming “technological evolution” as a justification for terminating older, more experienced workers in a restructuring effort. Those phrases are red flags warning of potential discrimination.
Experience is a value, not a liability
Federal age discrimination statutes protect anyone over the age of 40 from employers considering their age when deciding who to hire, fire or promote. Companies should consider workers based on their qualifications, including successful projects they have managed, prior sales or even the years of experience that they bring to the table. Sadly, many skilled older workers get forced out of their careers by employers who focus on the wrong details during restructuring.
When companies choose to lay off or terminate a disproportionate number of older workers or when they reference the influx of new technology or the shifting culture at the company as a justification for a restructuring-related termination, their corporate speak may serve to obfuscate the true intent. The real goal may be to eliminate older workers with more experience who command higher wages.
Age discrimination can cause devastating career setbacks for experienced professionals who may not be in a position to pursue entry-level positions anymore. They may need to consider taking legal action against their former employers. Employment discrimination can lead to wrongful termination claims. The courts may award damages to the professionals affected or may even order companies to reinstate employees in some cases.
Reviewing communications with an employer, trends in terminations and other details about the situation with the guidance and support of a skilled legal team can help those affected by workplace age discrimination fight back. The advocacy and legal guidance of an attorney can make all the difference for those unfairly terminated due to their age and experience, not their job performance.