Reply #13: Don't bet on that

[Oeditpus Rex]

I was one of seven people fired about two years ago from a small daily newspaper. All were over 40, and there were was some greater evidence of discrimination, such as one employee being told before he was fired, "Your old ways aren't going to make it here anymore." Plus, the people hired to replace us were all under 27.

We had a lawyer who specializes in employee discrimination, and it seemed like a pretty solid case. But then things started to unravel (I can't say what — gag order) and we ended up settling for a small amount. Again, I can't say how much, but it was about one-third my annual salary, which was pretty damned small itself.

In a discrimination case, you have to prove the employer's intent was to get rid of older workers. The fact that all those fired were older isn't enough. You've got to have as much supporting evidence as you can get your hands on, and employers these days are too smart — or, their lawyers and HR people are — to make it obvious.