#ageism

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AT&T stepped in it now with RTO

Don’t look now, but it looks like the first shoe dropped . A major federal case on telework just found that RTO for telework was uncovered as illegal and exposed for its real intention of a way to force workers off payroll. Since being laid off a little over a year ago I’ve worked in Washington knocking on doors and exposing the flood of workers from India that transpired prior to this flood of layoffs, and exposing AT&T for targeting older workers in some of their most critical and vulnerable years of working. I’ve made a lot of headway in pushing for more obstacles of this flood of workers from abroad to replace the American skilled labor. I’ve just begun with that, but this recent legal fight has just begun. While this current case that was just won singles out the RTO trick that was played on Government workforce workers, this may have a trickle down affect in the private sector. When companies like T do things that were illegal, it greatly reduces the effect of that , “no sue” paper they forced you to sign or forgo you earned severance. That’s also another thing I’m working on with my talks to senators. This little game that T has waged against the workforce should be exposed for what it is. I encourage that the ones who were impacted by this game T played with past layoffs and the upcoming layoffs with no cost to T be exposed. If you were wrapped up in this game please take some time to sit down and send an e-mail to your local state leaders especially in places like Texas and Georgia. Don’t give up just because people from upper management kicked you in your teeth. Transfer your mobile, internet and other communications to less expensive providers, make sure you hit up “friends and family” about cheaper services as well. This is the impact to the company when they abuse its older vulnerable workforce. I know from inside sources that more layoffs are upon us prior to entering the holiday season, hang in there, don’t give up, and know that your targeted voice to you local state elected leaders matter.


VERP Program Is Among Us

To no surprise, VERP has made its annual appearance within Emerson. And, from where I stand, there does not appear to be that many older employees left at Emerson. I suspect, at least at my location, Emerson will not get the response that they need. Hence, in keeping with Emerson's long-standing practice of cooking the accounting books for appearance sakes, I would not be surprised if we see layoffs somewhere around mid-September.


Economy-Wide Layoffs Impacting Older Workers

Job cuts are expanding beyond the tech sector, affecting government, retail, and financial services. Older workers, often in higher-paying positions, face increased difficulty re-entering the workforce due to age bias and evolving skill requirements. Industries like healthcare, education, and utilities offer more stability for this demographic. Staying current with skills and maintaining professional networks are crucial for mitigating risks. Understanding industry trends can help individuals prepare for potential job market shifts.

https://financebuzz.com/news/layoffs-rising-industries-workers-over-50-know-2


Fired quant sues BNY Mellon, alleging age and disability bias

A quantitative analyst who spent more than two decades at BNY Mellon says the bank pushed him out because he was 58 and disabled.

The former vice president filed suit against The Bank of New York Mellon Corporation in Manhattan federal court on August 7, 2026, alleging that his 2023 termination violated federal age and disability law. According to the complaint, the case brings claims under the Age Discrimination in Employment Act and the Americans with Disabilities Act.

The filing says the worker joined the bank in August 2001 as a senior quantitative analyst at age 36 and rose to vice president on the Markets Quantitative team. He contracted polio as a child, the complaint says, and has right-leg atrophy that limits his ability to stand for long stretches, climb stairs, and cross uneven ground, requiring him to walk with a cane. According to the filing, he disclosed the condition to a senior risk executive in late 2002 and signed a written agreement to work from home two days a week.

That arrangement loosened over time, the complaint says. It states that a later manager verbally approved one remote day a week, and that the worker moved to full-time remote work when the COVID-19 pandemic began.

The dispute, as the complaint tells it, began with the bank's return-to-office push. In early 2022, according to the filing, staff were told to come back in person. The worker - then 57 - asked to work from home four days a week. The complaint alleges his supervisor turned him down because it would be "too much trouble" for the bank, despite his having handled the full role remotely throughout the pandemic.

The request resurfaced, the filing says. After several colleagues resigned in early 2022, the worker took on new duties and, according to the complaint, received a retention bonus that April. When he asked again for four remote days, the complaint says, the supervisor agreed and told him no formal accommodation paperwork was necessary.

The complaint then lays out a run of setbacks. It says the worker was told he was not eligible for a promotion because the candidates had already been chosen. It says the bank brought two people in their early thirties onto the New York Markets team in October 2022. And it alleges that when the bank expanded into securities lending and financing, the worker offered to help but was passed over.

The bank ended his employment in 2023, according to the complaint, along with another worker over 40. The filing alleges the bank then hired younger, non-disabled replacements who did not need a remote-work accommodation.

https://www.hcamag.com/us/specialization/employment-law/fired-quant-sues-bny-mellon-alleging-age-and-disability-bias/585567


Former Wells Fargo executive files $1 million discrimination lawsuit

https://www.youtube.com/watch?v=jdraSfJCn8Y

CHARLOTTE, N.C. — A former Wells Fargo executive is suing the company, alleging discrimination.

Robert Propst, who served as a senior vice president at Wells Fargo, filed the federal lawsuit in Charlotte. Propst alleges company leaders marginalized him due to his vision impairment and because the majority of the employees who worked under him were Black.
The lawsuit claims the treatment of Propst and his team "changed dramatically" after a 2022 reorganization. Propst says his supervisor refused to meet with his team despite visiting Charlotte regularly and often questioned the value of their work. Propst contends his efforts to address the concerns were met with retaliation rather than support.

Propst claims his supervisor repeatedly pressured him to abandon his approved remote-work accommodation and return to the office. He says the supervisor scrutinized his attendance through badge-tracking reports even though he was exempt due to his remote status.

Propst, who worked for Wells Fargo and its predecessor companies for over 30 years, says his supervisor repeatedly made comments about his age, claiming the remarks were part of a broader effort to force him into an early retirement.
The lawsuit seeks more than $1 million in damages.


Crapital One is at it again!

Although my time was short with Discover/Crapital One, I have come to believe that it was a blessing in disguise! Not living day to day in a toxic environment where management lies and you wait for the hatchet any minute and knowing you are a hardworking, valuable employee, is a blessing. I hope the best for the good folks they "Crapped" on this week. Regarding the severance - take the money and run! They have surely already crafted your job posting for LinkedIn, and possibly interviewed your much younger, less costly, on-site, replacement! Crapital One is just that - One Cr-ppy Company that does not care about any employees...


Know your rights if WFRed

If you're 40+ and were just laid off in Massachusetts, three things worth knowing:

1. Your unused vacation is wages. Massachusetts law treats accrued, unused vacation as wages. It must be paid out — "use it or lose it" forfeiture isn't enforceable here. If you were involuntarily terminated, it was due on your last day. Wage Act violations carry mandatory triple damages plus attorney's fees. (Earned sick time is different and generally isn't paid out.)

2. A severance release has minimum legal terms. If you're being asked to waive age discrimination claims, federal law (the OWBPA) requires: at least 21 days to consider it — 45 if it's a group layoff — a 7-day revocation window after signing that can't be waived, written advice to consult an attorney, and something of value beyond what you were already owed.

3. In a group layoff, they owe you data. When a release is offered to a group as part of a termination program, the employer must disclose in writing the decisional unit and selection criteria, plus the job titles and ages of everyone selected and the ages of everyone in that unit who wasn't. Not names — titles and ages. If that attachment is missing, the age-claim waiver may be invalid entirely.

The clock: 300 days to file with the MCAD or EEOC. It runs from the termination, not from whenever severance negotiations wrap up. Don't let a long back-and-forth eat your deadline.

General information, not legal advice — I'm not an attorney. If you're holding a severance agreement, have an employment lawyer look at it before you sign.


Age discrimination lawsuit

On top of everything else. What an absolute pile of junk this company is. I actually believe the mile long load of BS I was fed for years.

Was this filed under “doing what’s right” or “doing what’s easy?”

https://www.beckerspayer.com/legal/ex-centene-vice-president-accuses-company-of-age-discrimination/


Age protected PIP/PIL options?

Everyone will be notified of their PIP/PIL options by Friday, August 14. Age protected individuals >40 y/o have 21 (business?) days to make their decision, essentially September 15th if you include the labor day Holiday. They want everyone off the payroll by December 15th due to the year end Holiday closing of the financials. For anyone that is > 40 y/o and given the choice of PIP or PIL, what should they do? Without hesitation, anyone that is not NRE should seriously take the message that they will not ever get to their career goals or retirement. You will never be sponsored or in the clique/club. Anyone that is RE should take the package immediately to take one for the team per se. Anyone not yet RE should realize they have no chance next cycle so maybe take the PIP or not, depending on their own situation, but what does that mean if you have 1-3 years left to be fully retirement eligible? It all depends on your supervisor. Yes, your supervisor controls your destiny. Obviously, if you are NSI, you don't have a good relationship with your supervisor, so chances are, you will not pass your PIP. There is a cap this year on how many people pass their PIP. So, if you are 1 year away from retirement, and they have not met their PIP pass %, you might have a chance to make it since it takes 2 NSI's, but they still need to make their cap on PIP success%. If you are more than 1 year away from retirement, you will have to get under your supervisor's desk to survive and they still have to meet their PIP success %. Personally, I think I would just move on. Life in that stage is not worth your dignity. Don't hate, just put it in your back pocket and watch how all the worker bees start dying off while the company just manages contractors. You will still reap the benefits of the stock.


54 and panicking

I'm staring at a 401k that took a hit, no retirement in sight, and a skillset that feels outdated. The company I gave 18 years to is shedding people my age like dead weight. I'm terrified. I can't afford to start over at entry-level, but I can't compete with graduates who'll work for half my salary.


Short-term thinking

Push out the older, more expensive workers and bring in younger people at lower salaries might sound like a great idea, but there's a problem with that plan. The new hires are all about protecting their personal time and sticking to exactly what their job description says. They're not going to fill the gaps or do the extras that the veterans used to handle. And they'll leave as soon as something better comes along - as they should. When the experienced people are all gone, there won't be anyone left who knows how to keep things running.


Nothing more than ageism

I’ve seen so many people post on LinkedIn today that this is their last day at Cisco. Very similar to when I was laid off as It’s all about cost nothing to do with refocusing on AI. Everyone who looks to be impacted was 20+ years there so high dollar resources. They managed to throw in a few younger people to avoid the lawsuit.


Age distinction in layoffs

Not really sure why, but did anyone else get one version of the layoff document to sign only to get another on the 9th? The latter added extensive language for preventing lawsuits, client interaction, bad-mouthing company, etc. What I would expect in this kind of doc, But it was what came after that I've never seen. It was a listing (not by name) but by position the people who were laid off and their Age. Not sure if they're daring someone to try and build a class action or bravado. Was I the only one who got the list? The way it breaks down:
Age Count
20-29 21
30-39 43
40-49 78
50-59 121
60-69 119
70-79 14

Listed another way
Those under 40 make up 16% of those laid off
40+ (a protected class) is at a whopping 84%

I don't know if it's enough for a suit, but it sure seems suspect in terms of their methodology in selecting individual.


They don't get it

Management thinks they're being smart by continuing to replace older workers with younger, cheaper ones. But they're overlooking that young people have boundaries when it comes to work. They won't work nights and weekends or answer your emails 24/7. Productivity is going to take a hit, and I'm here for it.


If you are 40 or older

For those 40 and older, Centene is REQUIRED to provide a 45 day period for you to review the VSP and make a decision. They're also required to give you 7 days to rescind it, if you want to. This is required by the Older Workers Benefit Protection Act (OWBPA). 45 days wasn't given between the receipt of the offers and the deadline to apply date.