Thread regarding UnitedHealth Group Inc. layoffs

Age discrimination

If you are over 40 years old, you must know about this important Federal law

The great thing about a Federal law is that it applies to all 50 states

It doesn't matter what your age it

If you are laid off, your employer must provide you this info whether you are 25 or 75

Older Workers Benefit Protection Act (OWBPA)

https://www.eeoc.gov//policy/docs/benefits.html

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Post ID: @ZlXMiUP

7 replies (most recent on top)

I am 61 and it happened to me at Humana. No warn given

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Post ID: @ZlXMiUP-kdcj

https://www.aarp.org/work/on-the-job/info-2014/workplace-age-discrimination-infographic.html

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Post ID: @ZlXMiUP-1crq

This law says that your employer must provide you information about the people who were laid off, including their age, but not the person's name

That way, if your employer laid off mostly people over 50, it will be obvious this is age discrimination

If you didn't get this disclosure, file a complaint with the EEOC to get what you are entitled to

Older Workers Benefit Protection Act (OWBPA)

https://www.eeoc.gov//policy/docs/benefits.html

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Post ID: @ZlXMiUP-1daj

https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/age-discrimination-in-the-workplace-.aspx

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Post ID: @ZlXMiUP-1ram

If you were laid off because you are older than your co-workers, educate yourself about age discrimination

Federal Equal Employment Opportunity Commission (EEOC) info on age discrimination

https://www.eeoc.gov/laws/types/age.cfm

https://www.eeoc.gov/eeoc/publications/age.cfm

https://www.eeoc.gov/laws/statutes/adea.cfm

Did you get laid off?

If you were part of a layoff, please learn about the Worker Adjustment and Retraining Notification Act (WARN)

This Federal law indicates that your employer must give you 60 days written notice before the layoff , and your employer must pay you for those 60 days.

Let's say you are eligible for 3 months severance pay, your employer must pay you for 60 days, as part of WARN, and then your severance pay starts, which means you will be paid for 5 months, not three months.

Since WARN is a Federal law, it applies to everyone, regardless of where you live. We live in Minnesota

Will your employer give you the WARN notice, and pay you for those 60 days? Not necessarily. Since you probably don't know about this law, you can't complain about what you don't know about.

Your employer can try to manipulate the facts to avoid giving you the 60 days notice, and avoid paying you for those 60 days. For example, your employer might layoff people in groups to qualify for a loophole in the law dealing with the number of people being laid off at one time.

https://www.doleta.gov/programs/factsht/warn.htm

Please review this document to learn how your employer can be penalized if they don't provide 60 days notice before a layoff and don't pay you for those 60 days.

https://webapps.dol.gov/elaws/eta/warn/faqs.asp

Certain states have their own WARN law. Why should you care about this? In some cases, your State's WARN law protects you more than the Federal law. To determine whether your state has a WARN law, please type WARN Minnesota in any search engine (replace Minnesota with your state)

You can learn more about the Minnesota-specific WARN law here

https://minnesotaemployer.com/2011/10/17/minnesotas-mini-warn-act/

Don't discuss WARN with you manager or human resources representatives.

If your employer does not provide you 60 days notice before a layoff, and does not pay you for those 60 days, file a complaint with the Federal Department of Labor (DOL) and / or your State agency that enforces WARN

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Post ID: @ZlXMiUP-1rog

https://www.eeoc.gov/laws/statutes/adea.cfm

This is how you file a discrimination complaint against your employer or former employer if you were laid off because you are older than your co-workers

https://www.eeoc.gov/employees/howtofile.cfm

https://en.wikipedia.org/wiki/Age_Discrimination_in_Employment_Act_of_1967

https://www.aarp.org/work/employee-rights/info-02-2009/age_discrimination_fact_sheet.html

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Post ID: @ZlXMiUP-1zxp

The majority of people I've seen laid off were 50 plus years sold

Isn't there a law against laying off only older employees?

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Post ID: @ZlXMiUP-sfh

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