Legal Question in Discrimination Law in California
My husband is employed at a company that is a young, hip retailer until the end of the month. He works as the director of distribution. He is 52. All the other employees including CFO, HR, etc are in their 20's - 30's. He was originally hired by the owner of the company. Within the past several months the company filed BK. He took a 33% reduction in salary while the other management level employees took a reduction but not as much as his. The company was recently purchased by a private investor who just terminated his employment saying they don't require someone with his experince anymore. I am wondering if this could be considered an age discrimination case. Thank you.
2 Answers from Attorneys
Telling an employee that someone with his experience is not needed anymore can certainly be a euphemism so saying they are too old. There are indications that your husband's age was a factor in the decision to let him go, which may become even stronger if he is replaced by a younger, less experienced person.
There is a concern, however, if the company is still going though bankruptcy. A party in bankruptcy cannot, generally, be sued in civil court. A person with a legitimate claim against a bankrupt employer will have to file a creditor's claim in federal bankruptcy court.
Your husband will need a lawyer to help him with this if he wishes to pursue it. He should contact experienced employment lawyers in your area.
The burden is on your husband to prove age discrimination, and his suspicion and mine are irrelevant. Coincidence is not evidence. If he has any witness testimony or documents that would show his age was discussed as a factor in the hiring decision, then he would have support for such claim. Seriously, the coincidence raises suspicion, and he could make a claim and use the threat as leverage in negotiating some kind of severance/settlement package, but without clear evidence he can't likely win a lawsuit. If serious about pursuing this, feel free to contact me.
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