Should I take this case to court?
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Should I take this case to court?
Last year, I had a phone interview during which I was asked my age several times. I finally stopped dodging and told him my age. He sounded disappointed and kept saying, ‘well this is a fast paced job’. I felt very uncomfortable and felt like the whole thing was now about my age. I just got an email from EEOC saying that a Right to Sue notice was on the way via the mail but was wondering if it is a case that I should bring to court since I have no real proof about what was said during that phone call?
Asked on July 12, 2018 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have evidence: your recollection or testimony as to what was said. Legal matters and court cases can be decided on witness testimony about what they saw (or in this case, heard). While it is undeniably helpful to have recordings or documentary evidence (including emails or text messages), it is not required--the court can listen to your testimony, listen to the other side's testimony or recollection, and decide who it believes, ruling on that basis. So if you are confident in what you heard and will be comfortable testifying as to it in court, you can proceed on that basis.
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