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I have been laid off and have questions

Marietta, GA |

Our position title was changed, even though the company had folks in the same job with a different title most younger, and then 3 months later was told our positions/title had been eliminated and those that held the "other position" got our responsibilities but are much younger than us. 94 positions eliminated 59 of us are 40 or older

Attorney Answers 2


  1. In a mass layoff situation, the employer usually has selection standards and the employer tracks the impact of the layoff based on race, age, sex, etc.

    You will need an experienced lawyer to analyze the layoff selection criteria and do a statistical analysis of possible age discrimination. If you heard age-based comments, that would support a discrimination claim.

    If you cannot find a lawyer, you can file a charge of age discrimination with the EEOC and hope they investigate.

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


  2. You should consult with a local employment attorney about the possibility of filing a complaint of age discrimination against your former employer. You can search for an attorney on Avvo or contact the National Employment Lawyers Association for a referral.

    Good luck.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.