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Age Discrimination in the Workplace: A Growing Trend for Baby Boomers

Age Discrimination in the Workplace: A Growing Trend for Baby Boomers

In the next five years, approximately 25% of our workforce will be 55 years or older. For some people like Bruce Arians, a former Colts NFL football coach, jobs are still opening up (see recent news article here). But how are things going for the rest of our older workers? Are you an older professional that was just fired or handed a severance package?

Demographics show a large portion of the Baby Boomer generation is still working. Whether its because they need to work or because they want to work, many 50+ year olds are not retiring. Theoretically, our federal law protects employment discrimination against workers 40 years of age and older. The law is known as the Age Discrimination in Employment Act, or the “ADEA”. But not all employers follow the law, and it’s much tougher for older workers to find new jobs – let alone financially recover from an unexpected severance.

In Indianapolis, our attorneys see this scenario commonly unfold in the medical industry. Goodin Abernathy LLP attorneys are experienced with pharmaceutical and medical device representatives suddenly facing a “forced retirement.” Typical scenarios show the experienced reps are asked to train new, younger sales people. The trainees tag along, meet the customers and learn the ropes. Then, if they aren’t fired, the older rep’s territory just gets split up. Part of the territory is assigned to the younger worker, while the older rep’s compensation package does not change. This means the experienced worker just trained themselves into a pay cut. You can imagine what happens after a little more time when the younger worker learns the ropes: they’re handed both territories and the older worker is shown the door.

Other times the older, experienced worker gets pushed out or “harassed out” of their position. Their younger managers start building flimsy records of statistical violations. They say the older worker isn’t making enough sales calls; is not attending enough meetings; fails to use the company’s technology correctly, etc.

Behind the scenes, the company’s strategy is simple: replace the higher paid, experienced worker with cheaper labor offered by young workers. The older workers – who devoted their careers to improving the company’s interests – get cut loose by new or younger managers trying to make their own numbers look better.

Another typical scheme involves luring away experienced, older workers from competitors. After the older worker shares her book of business and discloses other proprietary information, the new company abruptly lets them go. The new company just wanted the work intel for its younger reps and never really planned to keep the new, older hire on board.

When companies plug younger workers into jobs and push out 40+ year old workers, the experienced workers should contact our Goodin Abernathy LLP attorneys for an ADEA evaluation.

Contact Goodin Abernathy LLP, and we will tell you how to look for signs of illegal ageism or age discrimination. Consult us and we will explain the legal process for an ADEA or EEOC claim with an eye towards enforcing your legal rights.

Indianapolis Celebrates Day of the Dead

Indianapolis Celebrates Day of the Dead

Volunteers with NOPAL Cultural promoting their Dia de los Muertos event last weekend at the Indy 11 game

Volunteers with NOPAL Cultural promoting their Dia de los Muertos event last weekend at the Indy 11 game.

Our good friends at NOPAL Cultural have a special celebration of Day of the Dead planned for this Saturday, October 31, 2015 from 11am to 5pm at the Eiteljorg Museum in downtown Indianapolis.  The event will highlight the exhibition of ofrendas and altares made by local artists and civic groups to honor their loved ones.  There will be special musical performances, art projects, a marketplace and a Catrina parade.  The event is free and open to the public.  You can find out more at the event page on Facebook :  We hope to see you there!

How does your family remember your loved ones?  How do you celebrate Day of the Dead?  Let us know in the comments!

Semi-Trucks Everywhere!

Every week there are stories in the newspaper and on television involving semi-truck and passenger automobile accidents. Just this morning, there was a tragic semi – passenger vehicle fatality on Interstate 65 near Lafayette, Indiana. Now this afternoon, there is another multi-car accident involving a semi-truck on I-65 in Greenwood, Indiana. As we all travel on roads with semi-trucks, please keep these factors in mind in order to avoid a personal injury and situations of wrongful death involving a collision with an 18-wheeler.

Wide Turns – Semi-trucks are a lot longer than passenger vehicles. They will have to make a wide right turn in order to avoid the curb or other obstacles. Drivers in passenger vehicles should watch to see if a semi is signaling for a turn and avoid pulling up alongside the truck. The semi driver is concentrating on the turn and may not see the driver if they are alongside the truck, in a blind spot.

Blind Spots – Along with turns, semi-trucks have larger blind spots than the average vehicle. Due to their size, there is a blind spot immediately in front of the semi, along the sides near the cab, and directly behind the trailer. The blind spot on the right side of the truck is worse than the left due to the position of the driver. Passenger drivers should move out of these blind spots as quickly as safety permits so the trucker knows if they can safely pass or make an evasive move to avoid collisions due to other drivers.

Passing a Semi – Due to the blind spots that are larger on the right side of the truck, passenger vehicles should pass on the left whenever possible. When the pass is completed, passenger automobiles should also make sure they do not cut off the semi when re-entering the same lane of travel as the semi. Again, due to their size, semi-trucks take a lot longer to brake and come to a complete stop.

Wind Issues – Semi-trucks are susceptible to acting like a sail when there is any type of wind. This is true even for a fully loaded semi, much less a semi pulling an empty trailer. Again, staying out of a blind spot and passing as quickly as safety permits will aid passenger vehicles in avoiding collisions with semi-trucks.

Sleepy Drivers – Semi truck drivers are sometimes under too much pressure by their clients and employers to deliver loads by a certain time. This can make drivers fail to follow regulations regarding sleeping and breaks, which then leads to road weariness and falling asleep at the wheel. When a passenger vehicle sees a semi-truck swerving erratically late at night or even during the day, the semi driver could be drowsy and the truck should be avoided.

These are just some of the issues that come with sharing the road with semi-trucks. All of us enjoy the benefits of these trucks through the shipping of products and food; therefore, we all need to be aware of these issues and help maintain safe driving conditions.

If there is an accident that occurs involving a semi-truck, however, the attorneys at Goodin Abernathy, LLP will sit down with you in a free consultation to discuss what happened. Be safe!

How to Celebrate Day of the Dead in Indy

How do they celebrate Day of the Dead in Indy?

Take a look at this video from local channel Fox 59 Indianapolis. (And this one from Telemundo).

Our good friends at NOPAL Cultural Center and The Eiteljorg Museum present a day of festivities, alters, offerings, dance, music and much more scheduled for this Saturday, October 25, 2014 at the museum from 11:00am-4:00pm (located at the corner of Washington and West Streets. The goal of the event is to promote the Mexican tradition with the whole Indianapolis community.

How do you celebrate Day of the Dead in your family? Tell us in the comments below.