Legal Question in Employment Law in New York

Lay Me Off Rather Than Honor Contract?

According to my Gov't contract of employment I am supposed to be given a promotion and/or salary grade equal to the job duties I've been assigned - if those duties are more difficult than my current salary grade/title.

I work in gov't doing IT /back up statistician work for over 5 yrs now as a Clerk Hourly worker.

I put in a complaint and they just threatened to lay me off. To be specific, they just said they would assign me a job inline with my present title (where there's no work to be had) and I would subsequently ''be sent home.''

I can't find another job anywhere. Meanwhile nearly everyone in gov't is some lazy slob, 20 yrs my senior, and does nothing all day. Further they have a salary grade 2x what mine is at least.

I can't prove it, but I would wager anything they are coddling the others while ripping me off is because they are older and I am younger, so I should be happy with the job. Meanwhile I turn 30 soon, and I am fed up with working with a bunch of people who do nothing all day and make more than I do.

Do we have any grounds for an age discrimination suit? I refuse to believe they have no money or ''items'' available for me considering how they are very charitable with the others ''items.''


Asked on 10/12/05, 1:19 pm

1 Answer from Attorneys
Lawrence Silverman Law Firm of Lawrence Silverman

Re: Lay Me Off Rather Than Honor Contract?

Federal laws aganst age discrimination such as the Age Discrimination in Employment Act (ADEA) generally only protect those who are 40 years or older.

However, you may have a better age discrimination case under New York Human Rights laws, some of which protect any individual eighteen years or older fro age discrimination in employment.

Section 296 of the New York State Human Rights Law __ Executive Law Section 20 et seq provides that "it shall be an unlawful discriminatory practice for an employer ... to refuse to hire or employ ... or to terminate from employment an individual eighteen years of age or older, or to discriminate against such individual in promotion, compensation or in terms, conditions, or privileges of such employment, because of age."

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Answered on 10/13/05, 11:19 pm


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