{"id":1143499,"date":"2019-10-11T11:00:23","date_gmt":"2019-10-11T16:00:23","guid":{"rendered":"https:\/\/dailyreckoning.com\/?p=108118"},"modified":"2019-10-11T11:00:23","modified_gmt":"2019-10-11T16:00:23","slug":"could-being-over-50-get-you-fired","status":"publish","type":"post","link":"https:\/\/juniorminingnews.com\/?p=1143499","title":{"rendered":"Could Being Over 50 Get You Fired?!"},"content":{"rendered":"

This post Could Being Over 50 Get You Fired?!<\/a> appeared first on Daily Reckoning<\/a>.<\/p>\n

If you\u2019re over 50, chances are the decision to retire won\u2019t be yours.<\/p>\n

A new data analysis by ProPublica and the Urban Institute found that more than half (56%) of U.S. workers over 50 have been fired, forced to retire early, or pushed out of their jobs before they were ready to retire.<\/p>\n

What\u2019s more, one third of these pushed-out workers go on to be fired from two or more jobs before leaving the workforce. And, only 1 in 10 of them ever reaches their previous salary level again.<\/p>\n

If you\u2019re under the impression age discrimination is on the decline, think again. Over the last two decades, age discrimination has only been getting worse, not better.<\/p>\n

In 1998, the percentage of older workers who had been pushed out of their jobs was less than a third, compared with 56% in 2016. And, the percentage of older adults who suffered major financial losses from being pushed out of a job tripled, from 10% to nearly 30% over the same time period.<\/p>\n

Coasting into retirement is no longer an option if you\u2019re over 50. Not only is it a career mistake but also a retirement planning mistake.<\/p>\n

Something you need to watch out for are the sneaky ways employers will try to push you out the door.<\/p>\n

Donna Ballman, a Florida employment lawyer and author of the book, Stand Up For Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit, Get Axed or Sue the Bastards<\/em>, wrote down 11 stealth ways companies try to eliminate older workers.<\/p>\n

Here the most common ploys, according Ballman:<\/p>\n

    \n
  1. \n

    Job Elimination<\/strong><\/h3>\n<\/li>\n<\/ol>\n

    One of the most common excuses used to get rid of older employees is \u201cjob elimination.\u201d However, that may just be an excuse for what is really age discrimination.<\/p>\n

    If the company is not really eliminating the job, just changing the title and putting someone younger in your former position, you may have an age discrimination claim.<\/p>\n

      \n
    1. \n

      Layoff<\/strong><\/h3>\n<\/li>\n<\/ol>\n

      The company is supposed to attach to a layoff notice a list of other employees included and excluded from the layoff, along with their ages. Employers can be sneaky about the way they put together these reports.<\/p>\n

      Some will show only select departments or specific job titles, which don\u2019t give the whole picture. More often, they\u2019ll include a few under-40 employees to make the bloodletting look less like age discrimination.<\/p>\n

      If you are selected for layoff and younger, less-qualified employees at your level are not, you might have an age discrimination claim. If you\u2019re part of a one-person or small \u201clayoff\u201d and you can show that younger people are not being included, you may also be able to prove age discrimination.<\/p>\n

        \n
      1. \n

        Suddenly Stupid<\/strong><\/h3>\n<\/li>\n<\/ol>\n

        If, after years of great performance reviews, you\u2019re getting reprimanded for things everyone does, or being nitpicked for things the company didn\u2019t care about before, it\u2019s possible the company is gearing up for what\u2019s called the \u201csuddenly stupid defense.\u201d<\/p>\n

        They\u2019re building a case to get rid of you for poor performance \u2013 trying to show a \u201clegitimate reason\u201d other than age for firing you.<\/p>\n

        If you\u2019re being targeted for write-ups when younger employees do the same things and aren\u2019t written up, you may have a claim.<\/p>\n

          \n
        1. \n

          Threatening Your Pension<\/strong><\/h3>\n<\/li>\n<\/ol>\n

          Some companies will go as far to threaten an employee\u2019s pension if they don\u2019t quit. That\u2019s a scary threat, but it may be a hollow one. First of all, few people have what would be considered a \u201cpension\u201d (a lump sum paid out every month). Most people have 401(k)s or similar savings plans that your employer can\u2019t touch.<\/p>\n

          Your employer may claim you can lose your right to your vested pension if you\u2019re fired \u201cfor cause,\u201d but it\u2019s not that easy. You have appeal rights if they deny your benefits, and you can sue if you aren\u2019t satisfied with the administrator\u2019s decision.<\/p>\n

          If you\u2019re being threatened, it\u2019s time to run speedy-quick to an employment lawyer in your state who handles claims under the Employee Retirement Income Security Act or ERISA \u2013 the law governing employee pension plans and other employee benefits.<\/p>\n

            \n
          1. \n

            Early Retirement<\/strong><\/h3>\n<\/li>\n<\/ol>\n

            One way employers get rid of older employees is offering a package that includes incentives to take early retirement. Some of these packages are too good to pass up, so if you are offered one, consider it carefully. If you turn it down, remember you can still be fired at will.<\/p>\n

            However, if the company only fires the older folks, you might have an age discrimination claim. If the early retirement is involuntary, such as when the only alternative offered is being fired, then it probably violates age discrimination laws.<\/p>\n

              \n
            1. \n

              Mandatory Retirement Age<\/strong><\/h3>\n<\/li>\n<\/ol>\n

              If your employer still has a mandatory retirement age, it\u2019s probably breaking the law. There are exceptions for firefighters and law enforcement.<\/p>\n

              There is also a very limited exemption for employees who are at least 65 years old, who were bona fide executives or high-level policy-makers for their last two years, and who received an immediate nonforfeitable retirement benefit of at least $44,000.<\/p>\n

                \n
              1. \n

                Cutting Job Duties<\/strong><\/h3>\n<\/li>\n<\/ol>\n

                One way to force older employees out is to cut job duties, limiting your authority and humiliating you with low-level tasks. You may have age an age discrimination claim if this happens.<\/p>\n

                So don\u2019t just quit in disgust.<\/p>\n

                  \n
                1. \n

                  Isolation<\/strong><\/h3>\n<\/li>\n<\/ol>\n

                  Cutting you out of meetings, excluding you from lunches, and sticking you in a cubicle far from the action is another way employers try to get you to quit.<\/p>\n

                  If only younger employees are being included in activities from which you are excluded, this is evidence of age discrimination.<\/p>\n

                    \n
                  1. \n

                    Denying Promotions or Opportunities for Advancement<\/strong><\/h3>\n<\/li>\n<\/ol>\n

                    It\u2019s illegal for an employer to deny you a promotion just because they think you\u2019ll retire soon. Cutting job duties and isolating you are sneaky ways for them to claim you don\u2019t have the experience or qualifications to get a promotion or to advance in the company.<\/p>\n

                    If your opportunities are limited after you hit one of those age milestones, start documenting what is happening and see whether they are also targeting younger employees for similar treatment.<\/p>\n

                      \n
                    1. \n

                      Cutting Hours<\/strong><\/h3>\n<\/li>\n<\/ol>\n

                      Another way to put senior employees under duress is to cut hours to the bone. Starving you to death is a way to force you to quit.<\/p>\n

                      Here, too, look around and see if older employees are being targeted.<\/p>\n

                        \n
                      1. \n

                        Harassment<\/strong><\/h3>\n<\/li>\n<\/ol>\n

                        Cutting hours and job duties, isolating you and assigning menial tasks are all forms of harassment. Other examples of age-based harassment are: calling you the \u201cold man,\u201d or \u201cold lady\u201d; constantly asking when you\u2019re going to retire; saying you\u2019re senile; or making other comments related to age.<\/p>\n

                        Donna recommends following the company\u2019s policy for reporting harassment. And putting everything down in writing. \u201cTitle this document, \u2018Formal Complaint of Age-Based Harassment and Discrimination,\u2019 says Ballman. \u201cDescribe how you\u2019re being singled out for treatment different than younger coworkers.\u201d<\/p>\n

                        She says, note any ageist comments that have been made to you; any other older employees being targeted; and whether there are any witnesses or evidence. Give the company a chance to investigate. If they don\u2019t remedy the situation or if the harassment continues, it might be time to contact an employment lawyer.<\/p>\n

                        Age discrimination is a serious threat to your retirement nest egg. If you suspect you\u2019re being targeted because of your age, start documenting everything so you can build your case.<\/p>\n

                        <\/p>\n

                        To a richer life,<\/p>\n

                        \"Nilus<\/p>\n

                        Nilus Mattive<\/p>\n

                        The post Could Being Over 50 Get You Fired?!<\/a> appeared first on Daily Reckoning<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

                        This post Could Being Over 50 Get You Fired?!<\/a> appeared first on Daily Reckoning<\/a>.<\/p>\n

                        If you’re under the impression age discrimination is on the decline, think again. Over the last two decades, age discrimination has only been getting worse, not better. Something you need to watch out for are the sneaky ways employers will try to push you out the door<\/p>\n

                        The post Could Being Over 50 Get You Fired?!<\/a> appeared first on Daily Reckoning<\/a>.<\/p>\n","protected":false},"author":55,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"footnotes":""},"categories":[2995,366,3068,3410,1812,2915,3411,1552,3412,923],"tags":[],"_links":{"self":[{"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=\/wp\/v2\/posts\/1143499"}],"collection":[{"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=\/wp\/v2\/users\/55"}],"replies":[{"embeddable":true,"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1143499"}],"version-history":[{"count":1,"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=\/wp\/v2\/posts\/1143499\/revisions"}],"predecessor-version":[{"id":1143500,"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=\/wp\/v2\/posts\/1143499\/revisions\/1143500"}],"wp:attachment":[{"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1143499"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1143499"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/juniorminingnews.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1143499"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}