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O/T Age Discrimination?

Discussion in 'Uncategorized Threads' started by Shooting Coach, Feb 6, 2008.

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  1. Shooting Coach

    Shooting Coach Well-Known Member

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    A couple of weeks ago, I applied to train Armed and Unarmed Guards under contract for the second largest Guard Co. in the nation.

    A friend of mine at the company called and told me that although I had the best resume and all current training creds and licenses, I would not get the job because the General Manager was not going to hire a "Crusty Old (rhymes with trucker)".

    Is this a cause of action for violation of the Age Discrimination in Labor Law? Anyone here with the expertise to give me a tip on how to deal with this?

    I am hesitant to sue the pants off anyone, but I would like to have a K-80 Crown receiver and iron for my trap gun! And a couple pallets of bullets! LOL
     
  2. pendennis

    pendennis Well-Known Member

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    Coach, the best thing to do is call, or write, the EEOC. You may also want to discuss with a lawyer trained in this area.

    You friend has "quoted" the GM. Would he be willing to testify that the GM said this? Remember, he may want to keep his job, and supporting you openly may cost him his.

    Best of luck, though.

    Dennis
     
  3. Shooting Coach

    Shooting Coach Well-Known Member

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    Dear Dennis

    Numerous folks witnessed the GM saying this. Several of my friends in the training business who have heard this from other employees there have shared a laugh over this.

    Documenting this will be no problem. Thanks for the advice. I was not trying to slip obscenity in through the back door, but those who know me would probably agree with him!

    I have found state and federal folks to talk to about this.
     
  4. Jerbear

    Jerbear TS Member

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    If your friend is willing to testify in court, go for it. Find a ACLU lawyer that's willing to look at the case and slap that guy with a suit.


    JMHO... Jerbear
     
  5. W.P.T.

    W.P.T. TS Member

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    I would use the EEOC and in the end you might not want or need a job and probably have the K-80 of your choice besides ... These type of cases seldom go to court being as its cheaper for them to buy you off rather than pay to defend their actions ... I know people who have been involved in such cases and employers do not want to get involved with the EEOC when there is a legitimate suit filed ... WPT ... (YAC) ...
     
  6. shot410ga

    shot410ga Well-Known Member

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    You may make some real money off this.
     
  7. ronbo142

    ronbo142 TS Member

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    I don't think that making money is the point, the point is that a qualified person was not give a job because of his percieved age.

    Ronbo
     
  8. widomaker

    widomaker TS Member

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    We just went through a lawsuit not this type but a wrongful termination. Unless you have this guy on tape save your money. Lawyers are expensive some $450.00 an hour and the he said she said will never fly. I won the lawsuit but it took like 2 years and an awful lot of money.
     
  9. chiefjon

    chiefjon Active Member

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    Age is the 900 pound Gorilla in the room when resumes are being reviewed. A friend of mine has just turned down a $60K settlement from the state, because some dumb A** actually wrote, too old, on the last page of his resume. In CA the applicant has the right to review the records of his application when he did not get the job.

    It is a real problem and needs to be punished and published whenever found.

    JON
     
  10. W.P.T.

    W.P.T. TS Member

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    I personally know a Lady who was turned down for a postition as a company nurse with a very well known and considerably large company ... The person they hired did not have the qualifications and or experience that this particular Lady had but she was a minority and considerably younger which was the reasons she was given for not being placed in the job ... The EEOC was contacted and got involved for obvious reasons and in time the case was not only settled by the Lady who had the experience and qualifications finally got her job, 4 1/2 years back pay, vacation pay for those years and the seniority that she would of had if she would of been placed in the position in the first place ... This Lady is the Mother of a very good friend of mine and has since retired from that company and is living well ... If you do not do something these company's will continue to do as they please, when they want and we will have no one to blame but ourself for letting them get away with it ... WPT ... (YAC) ...
     
  11. vanman

    vanman TS Member

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    I would contact EEOC and look at all the angles, just to make sure things are right. But something to consider! Is the person that got the job more or less qualified and is that person within your age bracket? I don't think a couple of years age difference would be enough to call it discrimination. I'm not sure but ! try to find out the skinny on the person that got the job.

    Just my thought.

    I feel that America has a vast amount of experience and knowledge ( like you shooting coach ) that gets pushed aside. What a wast. Hang in there coach.

    Van
     
  12. BIGDON

    BIGDON Well-Known Member

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    I am in agreement with Walrus. Where is the employers rights. Maybe you need an attitude change when trying to sell yourself or your services. But by all means let's not take any of the blame and therefore sue the bastxxx (rhymes with custard). Maybe just maybe you come across that way (the crusty role). Your creditials are only part of the application process, if your attitude sucks you wouldn't be part of my company and I don't care how great you think you are.

    Instead of calling an attorney (rhymes with blooksucker) why don't you call the GM and ask if there is anything you can do to help him with his decision. If you are out of consideration ask what you could do to get back into contention. Find out what was lacking in your presentation for the next time. Turn it into a positive. If the word gets out that you are sue happy if you don't get your way, I think you will be missing some more work.

    Don
     
  13. Pocatello

    Pocatello Active Member

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    A week ago Friday, about an hour before the end of the day, my wife was called into her supervisor's office and told that she was out of a job at the end of the day. She worked for a private food processing company as a senior accountant. She was told that the company was downsizing the accounting department because the new accounting system would allow them to get by with fewer people. There were two of them let go, my wife who had worked there 23 years, and had the most seniority, and another guy who was second most senior. They both were the highest paid in the group.

    The accounting group has had lots of problems with the new system, and had complained to management that it did not work as promised and that the accounting group was understaffed.

    This morning I saw in the local paper a display ad by the company advertising plant accountant positions, a lower grade position than my wife held. It's pretty clear to me that what has gone on is a plan by the company to replace older, highly paid employees with newer cheaper ones.
     
  14. Shooting Coach

    Shooting Coach Well-Known Member

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    I appreciate the feedback. The fellow who made the comment has never seen or talked to me. I went in, said hello to the receptionist, handed in my resume, and left.

    The fellow who got the job does not have the state licenses required to perform state mandated training. His application to the state is marked "expired application". In my state, licensed professionals and their credentials are a matter of public record, and info is available on the State Govt' website.

    This fellow already has one age discrimination lawsuit on him and his co. I was referred to the lawyer handling that case, but was told I should try to resolve it like a gentleman before retaining the lawyer. The company in question, has already offered to settle the other suit out of court.

    But that Crown Grade frame and iron would look good on my trap gun! I also like the Majestic with the Gargoyle. LOL
     
  15. admiral Art

    admiral Art TS Member

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    I agree with devilsadvocate, could a jury or judge interpret his statement to be about the Crusty part as opposed to the old part.--Just a thought. Of course if he has not met you, how could he form the "crusty" opinion.

    Also, was this for a CONTRACT position as opposed to an <i>employee<i> position?

    I am guessing that a <i>contractual</i> position would not be bound by the same regs as a salaried position.

    Example: My employer (local gov't) has a contract with a nurse to collect our dug testing samples. The nurse is NOT an employee, she has similar contracts with other employers that do mandatory drug testing. My employer also has a psychatrist under contract to handle what ever it is they handle.
     
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