Is it possible to win an age discrimanation suit ?

[Targetedbullseye]

Just wondering, been put out to pasture and older but not in retirement range yet. Last year my hours got cut so bad I made more $ 6 years ago. Never disciplined, and got raises every year. Seems like this comes from the top, since I am on good terms with management. Just can not get any hours. Despite what corporate has said about full time employees becoming part-time, that makes me wonder more about older employees being forced out, since of course they won't provide those numbers.

 

[Hardlinesmaster]

In order to win, you have to have solid documentation. If not, you won’t win.
Spot wants part timers, now.

Discrimination/Retaliation #TargetComeForward

Has Target discriminated against you on the basis of race, color, religion, sex, national origin, age, or disability? Have you been denied reasonable accommodations for a documented medical condition? Have you spoken out about these issues or workplace safety and been told you were negative for...

www.thebreakroom.org

 

[FlowTeamChick]

It's really hard to win on an age discrimination lawsuit, although it does happen. Check AARP's web site; their magazine had an article recently about people in a variety of circumstances - some won, some lost, but all their stories were informative.

 

[Staffwoman]

I'd imagine that anyone that tries an age discrimination suit against Target will die of old age before winning. Target will bury you.

 

[bikebryan]

You'll have to have solid evidence of the alleged discrimination. Saying "they cut my hours because of my age" is anecdotal. You'll need a lot more than that.

 

[Cinnamon2005]

Just wondering, been put out to pasture and older but not in retirement range yet. Last year my hours got cut so bad I made more $ 6 years ago. Never disciplined, and got raises every year. Seems like this comes from the top, since I am on good terms with management. Just can not get any hours. Despite what corporate has said about full time employees becoming part-time, that makes me wonder more about older employees being forced out, since of course they won't provide those numbers.

Older employees are definitely being put out to pasture. I anticipate being fired within the next two months. I have been in my store for well over a decade; been with the company since it was Dayton Hudson Corp & been a TL in nearly every area. Always had good reviews; regular raises & was considered a "go to" TL. Enter modernization. Everything changed. I was the only TL not given an option of which area to work in. NO ONE wants the SETL job in my store but I have done the best I can for the past year. We got a brand new, corporate Koolaid chugging SE ETL & I was put on CA for "performance issues" in January. Was moved to final this past Monday. Spot is not the company it once was & older team members don't have a place in the world of "modernization". I told my partner a year ago that this would not end well for me. I have been job hunting for a year but no one hires people over 60 in my area. My 401k is taking a beating & I don't qualify for Medicare. Age discrimination is very hard to prove; especially in a right to work state.

 

[SallyHoover]

Just wondering, been put out to pasture and older but not in retirement range yet. Last year my hours got cut so bad I made more $ 6 years ago. Never disciplined, and got raises every year. Seems like this comes from the top, since I am on good terms with management. Just can not get any hours. Despite what corporate has said about full time employees becoming part-time, that makes me wonder more about older employees being forced out, since of course they won't provide those numbers.

Unfortunately almost everyone (regardless of age) have had hours cut and unless they are actively picking up as many shifts as possible from the board are making less than they were 5-6 years ago.

 

[buliSBI]

For discrimination suits, you have to have personal interactions and documentation that your leadership verbally criticized you for your age while giving favorable treatment to younger TMs. You also will have to prove that leadership did not provide you any accessible accommodations. As well as other TMs have come forward about being treated differently because of age.

Target's defense is going to be business dynamics changed. Or they just did not like you as an individual TM not associated to protected classes.

 

[Tarshitsucks]

Unfortunately if you don't have documentation or a witness that can prove this you will be buried by the no good spots lawyers. I am sure the spot has fancy lawyers that will that are paid top dollar for the companies best intrest. You nothing but a cockroach to them.

 

[jackandcat]

Keep in mind that a few years ago, Target forced team members to sign a "dispute resolution agreement" as part of their new hire paperwork. You are forced to submit any legal claims to private arbitration. There's no public record of arbitration decisions. Most attorneys won't work on these unless you pay by the hour and cough up a nice opening retainer.

 

[commiecorvus]

Keep in mind that a few years ago, Target forced team members to sign a "dispute resolution agreement" as part of their new hire paperwork. You are forced to submit any legal claims to private arbitration. There's no public record of arbitration decisions. Most attorneys won't work on these unless you pay by the hour and cough up a nice opening retainer.

You can get around those if you are part of a class action.
If there are enough people suing for the same thing, which also reduces the amount of documentation you individually have to come up with because you are proving a pattern of behavior on the part of the company.
If this is something Spot is doing across the board and there are enough old timers who can get together to file a class action then the private arbitration goes by-by.
They tend to take a while and the end result can often be not too comforting - your job back at a place where they clearly didn't want you or a small payout.
But it's worth a shot.

 

[oath2order]

Ok boomer

Everyone's hours get cut

 

[happygoth]

That is really rude and dismissive. Stop with "ok boomer" nonsense, especially towards someone who is being calm and just asking a question.

 

[Captain Orca]

I pay no attention to the trendy young kid language, it's appalling and a reflection of society to some degree. With that, what exactly does "ok boomer" mean, signify, stand for or imply? From context it sounds like a scape-goat foolish phrase designed by someone and used by those with no creativity or ability to contribute to a constructive sentence or thought. On topic: yes there is blatant age discrimination so you young'ns y'all better start saving your money, forego the foolish $500 tats and the astronomical expenditures associated with the purchase of a useless fully loaded pick up truck. Buy a RAV4.

 

[Rarejem]

I pay no attention to the trendy young kid language, it's appalling and a reflection of society to some degree. With that, what exactly does "ok boomer" mean, signify, stand for or imply? From context it sounds like a scape-goat foolish phrase designed by someone and used by those with no creativity or ability to contribute to a constructive sentence or thought. On topic: yes there is blatant age discrimination so you young'ns y'all better start saving your money, forego the foolish $500 tats and the astronomical expenditures associated with the purchase of a useless fully loaded pick up truck. Buy a RAV4.

As a fringe boomer, I take it to mean "You old, lady". I am happy to say that it is true. I am old. I am experienced. I am polite. I am educated and smart (they aren't the same thing). I can hold a conversation. I can write an intelligent, grammatically correct sentence. I am resilient. I have an intense work ethic. I am a boomer. (Oh.... and I can read and write cursive. )

 

[Rarejem]

Ok boomer

Everyone's hours get cut

As one of the older tm's at our store, I also have been with Target longer than some of our tm's have been alive. We are well aware that hours get cut during certain times of the year. We know that is not discrimination. Over the years, including before I was considered to be in the older demographic, I saw what happened to our older tm's. It usually happened in waves and more often than not happened following major operational changes. The discrimination is usually too subtle and happens slowly until the older tm either quits out of frustration/anger or is performanced out, regardless of how stellar previous performance reviews were. In my opinion, it would be very difficult to prove age discrimination without a witnessed blatant "OK Boomer" moment.. . (Yeah... that's discrimination, according to the Age Discrimination in Employment Act of 1967 and you could potentially be fired for saying it at work.)

 

[Black Sheep 214]

As one of the older tm's at our store, I also have been with Target longer than some of our tm's have been alive. We are well aware that hours get cut during certain times of the year. We know that is not discrimination. Over the years, including before I was considered to be in the older demographic, I saw what happened to our older tm's. It usually happened in waves and more often than not happened following major operational changes. The discrimination is usually too subtle and happens slowly until the older tm either quits out of frustration/anger or is performanced out, regardless of how stellar previous performance reviews were. In my opinion, it would be very difficult to prove age discrimination without a witnessed blatant "OK Boomer" moment.. . (Yeah... that's discrimination, according to the Age Discrimination in Employment Act of 1967 and you could potentially be fired for saying it at work.)

^This 100%. A couple of years ago my store had a lot of older workers who were performing well and were valued members of the team. Then things seemed to change, and most of them are now gone, replaced by youngsters who last a few weeks, if that, and then quit or just stop showing up, but apparently Spot would rather pay for this revolving door than pay for benefits for a stable workforce. People who have spent years doing a great job for a company don’t suddenly become incompetent poor performers overnight, but it sure can be made to look that way if someone wants them gone. It’s a real shame that some of these slippery, shadowy practices are so difficult to document, but the cards are really stacked against the victims. As usual.

 

[Bonzo]

The "O" word (old...40 and above) is almost as bad at Target as the "U" word (union).

 

[Captain Orca]

Rare....I like it....fringe boomer! agree 100% one young snotnose kid said something to me negatively. My comeback was that yea, baby boomer....but...shithead...a b b with money, lots of it. Hopefully next generation will grow up and get with it. Wise ass laziness, pissing away money like it's candy, ruining their physical appearance beyond belief in some cases....amazing to see. Rarejem...I'll bet you a case of Ensure 90% of these idiots can't write cursive, have no idea what a Roman Numeral is, and can't diagram a sentence. Ask them to name the biggest hit the Tokens had in the '60s!

 

[flow4areasonuno]

Pissing away money? What money?

 

[oath2order]

Rare....I like it....fringe boomer! agree 100% one young snotnose kid said something to me negatively. My comeback was that yea, baby boomer....but...shithead...a b b with money, lots of it. Hopefully next generation will grow up and get with it. Wise ass laziness, pissing away money like it's candy, ruining their physical appearance beyond belief in some cases....amazing to see. Rarejem...I'll bet you a case of Ensure 90% of these idiots can't write cursive, have no idea what a Roman Numeral is, and can't diagram a sentence. Ask them to name the biggest hit the Tokens had in the '60s!

Yeah, no. We were taught cursive. What a waste that was.

Who fucking cares about the Tokens?

 

[flow4areasonuno]

Yeah, no. We were taught cursive. What a waste that was.

Who fucking cares about the Tokens?

Yeah, we only use that when we're signing stuff. God knows it's not useful anywhere else.

 

[happygoth]

Cursive is much easier on the hands than printing. A shame it's falling by the wayside. Everyone should at least know how to sign their name.

I still write out my grocery and to do lists and usually write in cursive.

 

[Sisyphus]

Older employees are definitely being put out to pasture. I anticipate being fired within the next two months. I have been in my store for well over a decade; been with the company since it was Dayton Hudson Corp & been a TL in nearly every area. Always had good reviews; regular raises & was considered a "go to" TL. Enter modernization. Everything changed. I was the only TL not given an option of which area to work in. NO ONE wants the SETL job in my store but I have done the best I can for the past year. We got a brand new, corporate Koolaid chugging SE ETL & I was put on CA for "performance issues" in January. Was moved to final this past Monday. Spot is not the company it once was & older team members don't have a place in the world of "modernization". I told my partner a year ago that this would not end well for me. I have been job hunting for a year but no one hires people over 60 in my area. My 401k is taking a beating & I don't qualify for Medicare. Age discrimination is very hard to prove; especially in a right to work state.

It's good to hear from someone who remembers the Dayton Hudson and later Mervyns days of Spot. Those days were definitely a 180 from today. The days of level 1,2 and 3's somethings were great others I would definitely not want to go back to.
I am so sorry to hear they are performancing you out. Just remember it was never you it was the $ amount on your check (because you might make more yearly than the one writing your CA haha). And the one thing you can't change; your age.
I just look at our new leader recruits who think they are untouchable and remember how many I have seen brought to tears, fired, quit within two yrs, had break downs and oh yes spot knows (and hopefully the leader knows too) there will be a whole new crop of newbs graduating business college next yr who and are willing to work for less and are younger.
I wish you the best of luck in your job hunt. Take advantage of all the free training you can find from your local library, online etc. Also take advantage of all the contacts you've made through the yrs at spot. Those people know you and how hard you work and might know of a job. Everyone I have seen leave come back to visit with a smile on their face because they were actually happy once they left.
Best of luck leave with your head held high.