Age Discrimination/Wrongful Dismissal

UPDATED: Sep 30, 2022

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Age Discrimination/Wrongful Dismissal

I am 59. I was let go on 4-30-16 from an aircraft engine manufacturer. I was an engineer. I had excellent annual reviews for the near 11 years employed there. At the separation meeting, I wasnt told why I was being laid off and was givne a separation agreement with complete release of claims and covenant not to sue. I later found out that I was replaced with a young engineer at noon the same day. Do I have any rights regarding my dismissal?

Asked on July 12, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may have suffered illegal age-related discrimiantion, and therefore have grounds to recover compensation. What you have stated appears to be a "prima facie" (basically, "on its face") case of discrimination: an older engineer with good reviews fired and replaced with a younger one. That seems to be a case of discrimination. It is possible that the employer will later be able to provide some credible, non-discriminatory reason for the action--maybe the new engineer has some degree or credential you lack, for example--but if they cannot, there is a good chance you will win. Based on what you write, it would be worthwhile for you to contact the federal EEOC or your state's equal/civil rights agency to file a complaint, and/or speak with an employment law attorney about legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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