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"OLDER, WHITE & WELL PAID. A TARGET FOR A LAY OFF?"

Dear Kathryn:

Talk about a case of reverse discrimination! I've been employed by a well-known company for the last seven years in a high visibility, engineering position. My twelve co-workers doing the same job I do are comprised of Hispanic, Asian, females, African Americans and two other Caucasian males. I've received excellent reviews, kept copies of the dozens of positive internal memos as well as client notes applauding my work for them.

Two weeks ago it was announced that there would be layoffs. Given my excellent reviews I wasn't worried. Surprise! I was the token white boy to be let go! I couldn't believe it as I know darn well that my performance was much better than the minorities that had been kept on as they whined about their bad reviews and no increases.

I called my boss's boss, the regional VP; brought him up to speed on my excellent reviews and past year's accomplishments. I point blank said I thought my layoff was in error. He agreed, stating he had known my work was well respected and that he'd look into it. The next call to me came from human resources stating the layoff was final and I was most inappropriate in contacting the Sr. VP regarding my complaint. Human resources said this was a budgetary cut and I was making more money than any of the others, so I was chosen to go. They neglected to also say that I was the oldest and most experienced. I say white and old definitely were their motivators, not just money. The minorities retained all have had fair to lousy reviews. I know that in my employer's "diversity employment awareness", they felt it better for their public relations image to dump me instead of one of them. You'd think they'd want to keep the eldest for good public relations and productivity!

My excellent reviews speak for themselves. I think that any court could subpoena the retained employee's lousy reviews in contrast. I'm actively looking for another job; however I'm not going to settle for lousy unemployment comp in the interim. How can I proceed?

GEORGE T., Hamden, CT

Dear George:

I can smell your anger burning all the way over here! I wish I had a guaranteed outcome for you. Unfortunately, I can only pass on to you what my top legal counsel tells me.

Attorney Henry Zaccardi says, given the details you've provided, your claim is worth pursuing. You have two issues to prove-first, that the reviews of those kept on were indeed lousy.

The second issue is that those that have been kept on are indeed younger than you. The free channel for you to route your claim before calling an attorney would be to contact the Human Rights Commission. They will assign an examiner to investigate and your case would be heard before a hearing officer.

Some additional sticky issues were brought out when I brought the facts to the attention of Attorney Brian Clemow of Shipman & Goodwin. Brain stated that recent court decisions, where employers claimed they based their layoff decisions on budgetary/salary issues, landed the employers in hot water. The point was made that longer tenured employees typically make more money due to their tenure, and are likely to be older than the rest of the employees. The court decisions show that making layoff decisions based on compensation causes an inference of age discrimination (same as you're claiming) and employers should heed other employers' bad experiences before targeting the layoff group. Clemow feels that in your case that the entire demographics of your department would be examined as well as the demographics of those that were laid off. The comparison will be analyzed to determine if age was indeed the determining factor. Clemow also feels the age discrimination claim is a stronger card for you to play rather than the race issue. Do, however, bring all the facts to light when speaking to the HROC.

It seems you've the drive and energy to get another good job while handling the hassle of pursuing this. Good luck.

Dear Kathryn:

Years ago I created a record for myself as a felon. I've worked hard these last years getting my head together, having to take menial jobs to support myself. Interviews for good jobs, however, are a disaster. If the application itself doesn't rule me out (the question, "are you a convicted felon," kills the interview every time), the interviewer badgering me as to why I've had such low level jobs given my previous work history and education, does. No matter that I have references from my current lousy job; I'm not able to crawl out from under the rock I got myself under years ago. I hate to be saying this, but I'm ready to lie and not own up to my felony history.

DAVE R., Marlborough, MA

Dear Dave:

I contacted the MA Corrections Department on your behalf and was forwarded to their legal department. The attorney there, a trusty public servant told me, "once they leave here, they're cut loose and that's their problem". There you are, then! Good news, however! After I did some further digging for you, I spoke with Ms. Grisele Martinez, Counselor of one of MA's three career centers, The Workplace. Ms. Martinez tells me she's got solutions for you. Not only do employers regularly come to interview those with felony records, the center offers computer education and other interview training you could take advantage of. Ms. Martinez can be reached at 617-737-0093.

The other good news for you-- and employers-- is that the employer who hires you will get a tax credit for doing so! Jack Spritz of MA Tax Credit Office can give employers more information about the program and can be reached at 617-626-5730. Last piece of advice-don't lie about your felony. All of your efforts at walking the straight and narrow will be out the window; your self-esteem will be diminished and your new employer can and will most likely terminate you once learning the truth.

Good luck.