California  |  Discrimination Law

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11/25/09, 1:48 am

Legal Question


Age discrimination

This big corporation has a small local office with few hundred people. As part of the cost cutting this corp has moved most of the work from this local office to offshore. Due to this there were 2 layoffs recently. In all these lay offs, at least 80% of the people affected are full time employees who are aged 40+ (forty plus). Also they have not terminated any contractors (mostly aged below 40). When asked about this local management has told, "our company does not differentiate between employees and contractors and the recent layoffs were part of cost cutting and making the unit more efficient". Also, in the lay off few affected people are whistle blowers who pointed to senior management (outside this local office) that this local office hires contractors (which are not needed, as some of the contractors are less qualified and sit idle most of the time) to take kick backs from contracting companies (as the management insist candidates to go through certain sub-contracting companies only - These are not preferred vendors. These candidates go through sub-contracting companies which are not regulated and work for the preferred vendor). The senior manager (VP) who received these complaints has left the company few months before these lay offs.

The corporation is nice to the employees in the sense, they are giving paid time after lay off to look for job. I like to know the possibility of discrimination and whistle blower retaliation lawsuit against the local management. Big corporation could be part of this as they have not addressed the matters after the VP left. Do you think there is a case? Any reply is appreciated.


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