I was hired as an "Office Supervisor" 13 yrs ago. About 5 yrs ago, The company I work for decided there was no need for that position, so I was "demoted" to a clerk position. Same job duties, if not more. They gave me a comparable wage,[I was salaried, but now hourly.] Now there is a new manager (a 'friend') and he is promoting a younger/newer clerk to my old position. I was told that It wasn't because of errors or work ethics, but since I would be "retiring in a few yrs', ( I am 63). He told me it makes more sense to move her into the position. I was shocked.
I am retagging this as employment related so you get a better answer. You could have a complaint with the EEOC but how it might be done in Oregon would be better answered by an OR attorney
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
If you feel your age was the reason for the demotion (certainly the "retiring in a few years" would support your claim). Do you have witnesses? You need to speak with an employment attorney immediately.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Your job "demotion" might have constitute constructive termination, but that probably is water over the dam at this point.
However, federal law does prohibit age discrimination in giving promotions, and it sounds like the new manager has flatly admitted that is the reason you were not promoted, so you would seem to have a basis for a complaint.to the Equal Employment Opportunity Commission under the ADEA.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
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