Anyone here have any experience suing for age discrimination?

[Strawman]

Because I really think my dad should. He has been a "part-time" worker for the last 3 or 4 years at a company doing essentially help desk work and light network support. During that time, more often than not he has worked 40 hours or more per week, yet everytime he has inquired about a full time job or receiving benefits like all the other full time workers there, his boss and HR cut his hours back to 25 hrs/wk. Since they are understaffed, inevitably, within a few weeks they will ask him if he can pick up more hours and he is back at 40 hours with no benefits, doing the same job as the full time help desk employees there for substantially less pay and no benefits (which is what he really wants for him and my mom).

Recently a full time job was posted on his company's intranet which was pretty much an exact description of his job. As soon as he inquired about it and expressed his interest the listing was pulled from the intranet. He was told that they were not interviewing for the job on the same day that he saw a young guy who used to intern there to interview for it. When he inquired again about the job, his hours were cut back.

I work in the same field as my dad and essentially do the same job at a different company. I know that his skill set is roughly equal to mine, and he probably is more conscientious than I am. Still, he makes substantially less than I do and has no benefits. I've seen my dad take home computers and work on them over the weekend, even though he is an hourly employee and is not getting paid. The employees who he helps appreciate him and regularly ask him when he is going to be put on full time. If he was given a chance to interview for the job, he was planning to get letters of reccommendation from these people.

The bottom line is they are totally fucking him over just because they can. It's tough going out there right now looking for work in our field and being in your late fifties makes it even harder and they know that. I just don't get it and it really really pisses me off to see my dad treated like this. He is a hard working, competent, highly conscientious employee. He should be seen as an asset and rewarded, not treated like this. All he wants is to be treated like everyone else there who works 40 hours.

I think he should sue the sons of a bitches and I have told him so. Am I right? Is it worth it and what are the chances good enough that he will get some decent remedy out of it that would make it worth the trouble?

[LibDemAlways]

1. My mom got similar terrible

treatment at a place she worked assembling lamps. This was a decade ago. After working there for two years she was let go and told it was because of her age. I urged her to file a complaint with the EEOC. She'd have had an excellent case, but she didn't want to do it.

I think your dad should go straight to the EEOC and call the bastards on the carpet. Their website www.eeoc.gov has more info.

[elehhhhna]

2. It's easier than that:

It's not the age discrimination angle--it's whether he's a full time employee per the law. How many hours did he (officially) work last year? How many at home, uncompensated? (Hope he documented this --even on his desk calendar at home.) He probably has a valid wage claim for hours worked at home -- the local DOL takes care of those , he just has to file.

If he met the companies annual hourly requirement for FT status, he's got another valid complaint.

[dddem]

3. I hate to be the bearer of bad news,

but I served on a jury for a case of age discrimination, and we found for the defendant. (in this case, the plaintiff was among many who were let go during a lay-off). I think it's a hard case to prove. Most HR departments know the law, and stay within boundaries to avoid just such claims. I know what you're dad is going through. My husband is almost 50, and after having been laid-off, has had a tough time finding work in his field. He's competing with guys a lot younger, who can afford to make less, don't need as many insurance benefits, don't have family obligations that prevent them from putting the time in. I'm afraid that in this economy, with this administration being all for the CEO's, and nothing for the working man (or woman, as the case may be), this is going to happen with more frequency.
I wish your dad the best of luck.

[murray hill farm]

4. Document everything..day, time, etc.

too bad, if your dad did not copy the internet job posting, etc. But start now..and document everything..everything..hours worked, times he applied for full time, times hours are cut after he asks for full time..number of employees, his job discription as compared to full time job discription, etc. This is the first and most important to do before filing on any discrimination offense. He needs to actually keep a diary starting now..including names and names of anyone else who witnessed events.

[elehhhhna]

5. He can document past events, also--

and needs to, asap, while dates, etc. are somewhat fresh.

Unfortunately in my experience people fail to do the documentation when told, then regret it when things get worse.

The EEOC will investigate (no lawyer fees) if you have enough info.

[Strawman]

6. Thanks everyone. Those are all good helpful suggestions

I believe he probably has his time sheets and perhaps some emails saved. I will suggest that he document everything and also look into the Wage and Hour angle.

It's kind of difficult to bring up sometimes because he's a proud guy, and I know he feels somewhat humiliated and depressed that he has to put up with that kind of treatment and feels powerless to do anything about it. He is pretty thorough about recordkeeping, but I don't know if he has saved everything he would need to present the strongest possible case. One day he says he is going to start documenting everything, but then I suspect he gets depressed and kind of gives up on the idea. I will keep encouraging him.

[elehhhhna]

7. Remind him that he taught you

the difference between right & wrong, and to stand up for yourself.

Maybe you can help him organize his paperwork?

You can certainly call or just google EEOC info...