Ask Annie
Why you probably can't win an age discrimination suit
May 18, 2012: 9:19 AM ETA recent Supreme Court decision made proving age bias even tougher than before.
FORTUNE -- Dear Annie: When I returned to work after a short medical leave a few weeks ago, my employer told me that my management job had been eliminated. However, he offered me a sales position that comes with a major salary cut. Also, at the same time they eliminated my old job, they created two new positions, one of which is practically identical to what I was doing before. When I asked my boss about that, he told me not to bother applying for it.
It's pretty obvious they wanted to trade me in for two 30-year-olds (I'm 74, but in very good shape.), and I can't afford to retire now because I have a child who just got admitted to an Ivy League school. So what are my options here? Should I hire a lawyer and sue the company for age discrimination? Or just take the sales job (and the pay cut), be grateful I wasn't laid off, and shut up about it? — Demoted in Dixie
Dear D.D.: Whoa. Your boss told you "not to bother applying" for the job that is "practically identical" to your old position? Before you decide whether or not to involve a lawyer, here's the first thing you should do: Apply anyway.
"Make sure your resume and application have all the keywords, and highlight all the relevant experience, that the job requires," suggests Brian Jackson, an employment attorney at Fisher & Phillips (no relation to yours truly) in Chicago. "Then, if they hire someone younger than you instead, and the only difference between you and that person is age, you may have a case."
There's nothing illegal about an employer eliminating a job, or dividing it into two jobs. "However, if your employer is not even letting you compete for the new position because of your age, there may be a legal issue," Jackson says. "But until you actually apply and get turned down, you have nothing -- because the guy who told you not to bother applying will never admit that he said that, and it will be impossible to prove."
In the meantime, he adds, there is no reason to reject the sales job the company is offering: "Even if you end up suing the company, or filing a complaint with the Equal Employment Opportunity Commission, you can still be working there, and the employer can't legally retaliate against you in any way" -- by firing you, for instance. "If a corporate client tells me they fired someone who sued or complained to the EEOC, my answer to that is, 'Okay, get out your checkbook,' because I know we are going to lose that case in court, so let's settle right now." More
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How to get on executive recruiters' radar screens
Giving speeches at industry events is a time-tested way to get noticed by headhunters, but Twitter has made it more of a gamble. Luckily, you have other options. By Anne Fisher
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Stuck in middle management? Five ways out.
In your mid-30s to late 40s and feel like you'll never get promoted? You're far from alone, but you can take steps to jump-start your career. By Anne Fisher
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Can you get hired on the second (or third) try?
Now that hiring is starting to pick up, it may be worth trying again at companies where you applied in the past. Here's how to do it. By Anne Fisher
Anne Fisher, contributor - Apr 26, 2012 11:48 AM ET -
Why new college grads should aim high
Getting your dream job may be a more realistic goal than you think, says an author. He's speaking from experience. By Anne Fisher
Anne Fisher, contributor - Apr 19, 2012 1:26 PM ET -
Will a lack of references cost you a job offer?
Employers do check references, so declining to provide any is not really an option. Here's how to manage this essential element of a job hunt. By Anne Fisher
Anne Fisher, contributor - Apr 12, 2012 11:22 AM ET -
Toning down contentious political talk at work
What can you do if your boss holds political views that are the opposite of yours — and he won't stop talking about them? By Anne Fisher
Anne Fisher, contributor - Apr 6, 2012 9:53 AM ET -
Must you give a job interviewer your Facebook password?
Asking candidates for social media passwords may soon be illegal in some states. In the meantime, here's how to say "no" gracefully. By Anne Fisher
Anne Fisher, contributor - Mar 28, 2012 12:08 PM ETPosted in: careers, Cozen O'Connor, Facebook, Facebook passwords, Job hunting, Job interviews, Kavaliro, social media -
Request a performance review, or let sleeping dogs lie?
Managing your professional image goes far beyond formal evaluations. But they're a good (and necessary) start.
FORTUNE -- Dear Annie: A friend sent me your column on changing a bad performance review, but I have a somewhat different problem, which is that I haven't been evaluated at all. Managers at my company usually give performance appraisals in January, partly to give everybody a chance to set goals for the year, but MORE
Anne Fisher, contributor - Mar 22, 2012 12:36 PM ET -
6 questions to ask a job interviewer
To stand out from your competition, says an executive coach, you need to start a real, memorable conversation. Here's how to do it. By Anne Fisher
Anne Fisher, contributor - Mar 16, 2012 12:23 PM ET
Anne Fisher has been writing "Ask Annie," a column on careers, for Fortune since 1996, helping readers navigate booms, recessions, changing industries, and changing ideas about what's appropriate in the workplace (and beyond). Anne is the author of two books, Wall Street Women (Knopf, 1990) and If My Career's on the Fast Track, Where Do I Get a Road Map? (William Morrow, 2001). She also writes the "Executive Inbox" column on New York City entrepreneurs for Crain's New York Business.
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