I spoke with a person from the EEOC. She explained the process and was realistic about expected outcomes without being discouraging. She told me they are looking at this site everyday and have posted here too. They are interested in the number of older employees fired this year. They have received a number of complaints already. I decided to go forward and file a complaint. I encourage you all to do the same as soon as possible. The more the better. There are legal deadlines. Give them a call or read the details on their site. It matters whether you are a U.S. citizen or a foreign worker. The EEOC talks to lawyers everyday and will make referrals. Don't settle and don't give in to the fear.
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Agreed! Getting a copy of the list to the EEOC should be the nail in the coffin. Who will be brave enough to give it to them? Can you say "Class Action"!
FWIW, I analyzed the data in the OWBPA Disclosure Statement included with the September severance agreement. The takeaway is that the average age for the 277 laid off was 43.8 years, while the average age for those retained was 38.4 years, a difference of over five years. The probability of this happening through random selection is less than 1 in 10 to the 18th, (less than one in a billion billion), or essentially impossible.
Several peop!e have mentioned in this forum that they submitted HR comp!aints for Harassment, discrimination etc. And then they were mysterious!y laid off while the person(s) under investigation remains employed, possibly even promoted . Remember EEOC protects age discriminatjon, but also gender discrimination and peop!e who are victims of retaliation also.
Nike has been turning a blind eye to bad behavior for years
You can take your severance and then file a complaint with the EEOC. The contract that says you can't sue might be garbage but you'd have to have an employment lawyer look at it.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
Age Discrimination & Work Situations
The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
How did TE steal?
If lawyers are monitoring this site, I'd love to hear their POV and advice. Time is running out before those of us who will receive the severance package have to sign away any rights to sue.
they never ask for volunteers. Otherwise, a lot of the best people would go. Take your severance, then file a complaint. Your not suing them, the government is.
Losing your job at any age is hard. Sacrificing a fair and generous severance package on the off chance you will win some kind of lawsuit? Probably not a wise decision. There are lots of older people left at Nike. That's fact. When the lawyers go to court with the number of older employees that remain, along with their performance ratings and demographics it will be no contest as to why the decisions were made on those who left.
The sad truth is there are a lot of long term, older employees who would have jumped at a chance for early retirement. Nike should be ashamed that they didn't ask for volunteers.