• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us

IBM Age Discrimination Allegations

April 24, 2018 by Red Bank Legal

A new report from ProPublica and Mother Jones alleges that over the past five years, IBM laid off thousands of its workers older than age 40 in the United States, in an apparent attempt to shift its workforce in a younger direction. ProPublica estimates the number of employees who were let go at around 20,000, but believes the actual number is “almost certainly higher.”

The report is based on information gathered from more than 1,000 former IBM employees through interviews and questionnaires, as well as public records, legal filings, and internal company documents.

At its height in the 1980s, IBM once employed nearly 250,000 people in the U.S. It was known as a company that kept its workers on for decades. These are exactly the type of workers they moved to replace, according to confidential planning documents obtained by the ProPublica report.

Of the total number of jobs IBM cut over the past five years, about 60 percent were workers aged 40 and over. They were replaced with new hires who were younger, less experienced, and lower paid. Many positions were also moved overseas.

IBM decided to shift the focus of their business to cloud services and data analytics. According to a presentation made to IBM executives, millennials were needed to help the company make the change.

Forced Arbitration and Retirements

The report alleges that not only did IBM flout U.S. age discrimination laws and regulations, it required employees seeking severance and early retirement packages to sign arbitration agreements. Such agreements mean the employee gives up the right to seek legal remedy in civil court and may not join with others who do so. In arbitration, decisions are final and remain private, as opposed to a court ruling, which becomes a matter of public record.

According to ProPublica, IBM also pushed older employees to retire, resign, or face being fired. This was a strategic move that cut employment numbers, while reducing the number of employees that could be counted as layoffs. High numbers of layoffs are required to be publicly disclosed, something that was not in IBM’s interest.

Employees who lost their positions were told they could apply for other positions within the company. However, internally, managers were told not to rehire these employees. Other laid off workers were told their skills were out of date, but they were brought back on a contract basis to do the same work at lower pay and reduced benefits. As is often the case with older workers who lose their jobs, finding suitable new jobs has been difficult for the former IBM employees.

Cherry Hill Employment Discrimination Lawyers at McOmber McOmber & Luber, P.C. Fight for Victims of Age Discrimination

Age discrimination in the workplace is prohibited by federal and state law. At McOmber McOmber & Luber, P.C.. P.C. we help victims of age discrimination get justice and compensation. To speak to a dedicated Cherry Hill employment discrimination lawyer, call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online. We represent clients throughout New Jersey.

Filed Under: Employment Lawyers, Employment Discrimination, Age Discrimination

Primary Sidebar

Related Practice Areas

  • Age Discrimination Lawyers | Blog | McOmber McOmber & Luber
    Age Discrimination Lawyers

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation