New York Employment Lawyer Blog

Recently, in Ferguson v. Lander, a Federal Magistrate Judge concluded that a factory controller was, in part, terminated because of age discrimination. Although the company argued that the termination was the result of a reduction in force, the fact was that his termination was based, at least in part on his age.

Although we are aware that the law clearly permits an employer to engage in a reduction in force. The employer is not protected if it can be determined that the termination was the result of “intentional discrimination under the Age Discrimination in Employment Act.” This case is particularly enlightening because the findings of fact by the Magistrate Judge reflects the mechanism that sometimes occurs in these cases.