Apply for internal job while over 40 and rejected, but post remained open? You might be entitled to money.

Heres how to make some additional retirement money if you are over 40:

Apply for an internal job you are qualified for.

If you get rejection but post remains open, file an eeoc claim for "age discrimination" here: https://publicportal.eeoc.gov/Portal/Login.aspx

How do you prove age discrimination/ADEA claims?
The Age Discrimination in Employment Act (ADEA) and related state laws prohibit discrimination against older employees. To prove an initial (prima facie) case of intentional age discrimination in a selection decision, the employee must show:

that they belong to a protected class (over 40 years old is a protected class)

that they applied for and were qualified for a job for which the employer was seeking applicants

that despite their qualifications they were rejected

that the position remained open after their rejection and the employer continued to seek applicants similar to their qualifications.

A defendant must then show a legitimate reason for the taking the employment action. In response, a plaintiff can show by preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reason, but were a pretext for discrimination.

Approximately 1 in 5 discrimination charges received by the Equal Employment Opportunity Commission (EEOC) are age discrimination claims, and in 2017 the EEOC received over 18,000 age discrimination charges.

Comment! It's anonymous!

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@wjs+1a2XqR0t, being allowed to work remote and/or in a non-hub location is not an accommodation, it’s blatant special treatment and would be a huge exception. Everyone, no matter what age or protected class, is SOL if they’re not in a hub location. This clever suggestion by the OP is just another reminder to those not in hubs that we can’t apply for anything internal.

me too get axe

If you've ever used RoundUp herbicide or had to listen to a nauseating Biden presser, you may be entitled to compensation for pain and suffering.

I was recently turned down for an internal job because I would not relocate to a core city and work in the office. I have a HR accommodation due to a disability but after three interviews, the recruiter said “your accommodation can’t transfer over.” This seems fishy to me, as this job was not something that would have required you to be in the office. Anyone else have similar experiences?

Don't listen to this wackadoodle. Just a troublemaker. I've hired plenty of people over this age at Wells. My recruiter removes the people that dont meet the job need. You got no left to stand on if you are a mortgage processor over 40 applying to an HR job you dont qualify for.

Anyway, the poster knows not the process or the law.

I’ve gotten multiple roles at Wells and I’m over 40. Age obviously wasn’t a deterrent.

Hiring goes off of strict criteria in order to show that a candidate is or is not the best candidate. Just having a job for a while and exceeding expectations doesn't guarantee you anything. You also literally don't know the entire candidate pool, only recruiters would know that.

Are we really at the point where people assume there must be some type of discrimination or bias against them because they didn't get what they wanted? And to go so far as to file a lawsuit over it?

"Qualified" is subjective. Just because you've gotten participation trophies your whole life doesn't mean you really are qualified. You also might be dismayed when they call witnesses to honestly describe your "qualifications" which might be very different from your own opinion. Don't be surprised when they call upon all the people who have ever had a beef with you to purposely discredit your character. When all that is done, get ready for a lifetime of rejection, because most companies don't want to hire someone who has frivolously sued an ex employer.

Unless you're a white male...

The bank has over 500 employees, so the reward likely well in excess of over $300,000 + attorneys fees.

Its only 1/100th of charlies salary, but nothing to scoff at.

At the federal level, the court can award up to:

$50,000 to an employee if the employer has between 15 and 100 employees;

$100,000 if the employer has 101 to 200 employees;

$200,000 if the employer has 201 to 500 employees; and

$300,000 if the employer has more than 500 employees.

While these are statutory guidelines that courts will follow in issuing awards, and while they may serve as benchmarks or guidelines in settlement negotiations, ultimately, settlement negotiations are between the employee, the employer, and their respective attorney

I am 52 and have been interviewing for 5 months. I don't think I'm being discriminated for my age, but rather the age of Wells Fargo technology. We couldn't go to the cloud, we waited way too long to start bringing in Sales Force, and we are only now getting to understand what APIs are all about. I'm only as old as my technology.

Why waste your time, just apply elsewhere.

Thread regarding Wells Fargo & Co. layoffs

Apply for internal job while over 40 and rejected, but post remained open? You might be entitled to money.

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