Thoughts on age-discrimination in a layoff.

I was recently "impacted" in a layoff, while the specialist reporting to me was not. The required documentation proving the considered class shows the older worker "selected" while the younger was not.

Younger employee salary is approx $40k cheaper - no bonus payable in 2025. Only onboard for 4 months, performing basic role, with no awareness of manager's functions/roles/corp projects.

Severance included annual bonus, so didn't avoid that.

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Management is often targeted when companies reorganize, and the bottom line is often a top priority. From what you have posted, I am not seeing that age is a factor.

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I’m keenly aware of the subtle effects of ageism in the workplace. For example, I’m a PhD in my 50’s and have done a ton of different projects in tech. Over the last few years, we have seen the emergence of the newest AI models. However, rather than get opportunities to work on this new tech, companies hire new grads freshly trained on this work, while more senior workers are only given work in areas they have done before. I find the only way I can combat this is to learn things on my own in my own time - which is not optimal when you are taking care of kids and parents.

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Until you are laid off! You are still optimistic and have not had to face the daily prejudices in hiring against more senior, well educated persons! I have since June 2024! I have lost my house because of it and now am living in an RV! I pray this never occurs to any of you

likesmart
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I was laid off in November 2024 they just hired two new people both much younger than me and I was laid off so yes I believe it was my age that got me laid off unless they can prove otherwise

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Marketing, ageism is real and I was impacted it as well. Do not listen to the people below who do not know what they are talking about yet.
When a company lays off 45 people and 90% of them are 50 or over, it comes down to pushing out the old and keeping the young.
Yes, they had three criteria instead of two so legally no ageism, but the numbers above do not lie.
As part of the layoffs the company had to identify who was laid off by age, title and something else. This is how I know the above numbers and was something that needed to be reported.

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Which company did this?

Yup! I was recently told that millennials doing the hiring do not want to hire their “MOTHER”! WTHECK is that?!! Seriously I am not ya’alls mama! I am a professional woman with over ten years experience and two Masters degrees. That alone shows commitment, ability to follow through, ability to learn your process, (way of doing things). Who started thinking a more experienced employee was less valuable! This is absolutely crazy! I have been looking since last June and had to sell my home because of the new crazy!

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Employment lawyer will only cost you a couple hundred bucks. Your severance should already take into consideration your age and how long it will take you to get rehired.

For example you can negotiate an executive coach as a part of severance.

Good luck

Regardless of industry, management positions are often among the first ones identified for elimination. Managers tend to be more highly compensated than staff level employees and there are often opportunities for companies to further reduce costs by combining teams and/or functions without significantly impacting front-line operations. The purpose of the table you were provided (as required under the Older Workers Benefits Protection Act) is to give you and the other impacted employees aged 40 and over, summarized layoff data across the larger organization, so you can decide on your own and based on data whether you feel that age was a factor in the decision. An entire function being laid off or single incumbent role, does not on its own support a conclusion of age discrimination; however, a clear pattern of the older employee being selected over the younger one sharing the same job title or classification might.

Yep my situation is similar

It is sad to say but that is normal.
Eliminate the older (More expensive) talent and let the younger learn.

Welcome to the place fault line where the tectonic plates of reality and fantasy collide. The fantasy of achieving fair treatment for all through some intersectional framework fails miserably when it hits reality and what pops out is something like DEI, or D&I, which has as one of its many shortcomings, an inclusion problem. Age is legally protected as much as race or gender, but... yeah - no DEI for you. Let's say you weren't chosen strictly because of age. If it's true that older workers generally hold higher positions and higher positions are paid more then laying you off because it cost more to keep you is highly correlative of age. Imagine choosing to layoff a woman because she was pregnant, or not hiring a woman because she could get pregnant. It's not because she's a woman, it's because pregnancy costs the company more - and we rightly protect this such that companies are very careful not to even appear to be doing this. But age? They screw you going by laying you off because of age or age-related factors, and they will really screw you coming by not hiring you because of age, or age-related factors, and no one who can do anything about it cares to.

Depends what the role was.
Many companies can still survive with hands on team members and very little or no middle management.

The other way round… very rarely :)

In other words, people doing the actual work are much more valuable and crucial to the business than people managing them.

(49yo hands on person)

You didnt mind someone working under you for 40K less and no bonus. Lobbying for your team creates loyalty which is invaluable to an employer.

6yyokk I atq2

It sucks to lose a job regardless of the reason.

When working, everybody should expect no loyalty from an employer. If they can make an extra dollar without you, it'll happen.

Conversely, an employee should have no loyalty beyond the current paycheck.

I tell my son to invest heavily so that eventually money will go to work for him.

Everybody should be doing the same to the best of their ability.

We’re other younger Managers spared in the layoff? You’re comparing Apples and Oranges in your post. So many niche Manager jobs it’s easy for them to cut layers out of the org. Suck but maybe this opens a new door. Opportunity to pursue something better or new.

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