Can I be laid off due to my age?

UPDATED: Sep 30, 2022

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Can I be laid off due to my age?

My employer laid me off today due to my
age 32. That was the only reason he
gave me, stating that he wanted someone
‘young and moldable that’s cheap and
needs to be taught’- those are his
exact words. When I was hired, he was
excited that I knew what I was doing
and could be given a job and do it
without needing to be babysat. I love
and work in Massachusetts, and I know
the age for discrimination is 40 and
older, but is there anything legally I
can do?

Asked on May 10, 2017 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Uonfortunately, the only recourse yu would have at this point is if your dismissal violated the terms of an employment contract or union agreement. Otherwise, you were an "at will" worker and your company was free to set the conditions of your employment much as it saw fit. Further, as you are aware, discrimination based on age only applies to those over 40.

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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