Business owners frequently adapt to modern trends by implementing a “digital transformation.” While this sounds like a forward-thinking strategy, it can actually pose a direct threat to your C-suite position. In many corporate shakeups, “digital transformation” is simply code for eliminating high-tier salaries, cutting off equity milestones and shedding pension liabilities. Understanding why this corporate rebranding risks your career is the first step in protecting your rights.
Identifying the pretext
Corporations have masked age discrimination through restructuring initiatives. You can spot the pretext by identifying the coded language. These can target your lack of technological agility or signal the company needs fresh perspectives.
Moreover, a business may reorganize and claim that your specific role does not fit the new structure. However, you notice that recruiters hired a younger employee shortly after your departure with a new title, but the tasks match your core responsibilities.
The Minnesota Human Rights Act (MHRA) prohibits age discrimination for workers. Unlike the federal Age Discrimination in Employment Act (ADEA), the MHRA protects employees of any size company.
Building your strategy
A standard severance counteroffer will not recover millions in lost lifetime earnings or unvested equity. If your exit is under the guise of an organizational redesign, you must act immediately to preserve evidence, such as:
- Performance metrics: Gather performance and peer reviews that prove you meet or exceed business goals before the restructuring.
- Document the coded language: Keep a record of all verbal and written comments about your age or any remarks that frame you do not meet company standards.
- Track patterns: If the company is targeting several tenured executives only, you can use this as circumstantial evidence on your claim.
Fighting age discrimination can be overwhelming, but a path forward is available.
Protecting your legacy
Proving your employer is discriminating against your age requires legal precision. Because the stakes involve your career capstone, seeking legal counsel is wise. They can review your case and offer advice that can help in building your claim against the company.