What are my rights regarding wrongful termination due to age discrimination?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights regarding wrongful termination due to age discrimination?

On March 16th 2015 on my 60 birthday I was

fired from my job. I would have been fully

vested in my company pension plan. I worked

as a truck driver. I had worked with this

company for less than a year. I had knocked

down some cable TV wires with a trailer a few

days before this happened. Another driver had

a roll over wreck a few weeks before and

didn’t get fired. Do I have a discrimination

case against them?

Asked on March 11, 2016 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You *may* have an age discrimination case--in large part, it will depend on:
1) The difference between the accidents; for example, if you were at fault in your accident (e.g. weren't looking; didn't properly judge distances or height; you were texting at the time or had been drinking; etc.) and the other driver was not at fault in his (e.g. a tire blew out; he had to swerve to avoid another vehicle suddenly coming into his lane; etc.), then there was nothing wrong about terminating the at fault driver and not the one who was not at fault.
2) The difference in how you and the other driver reacted after the accidents: if he cooperated with the company and police, for example, but you tried to cover up or hide what you did, that would justify your termination.
3) How long you had each been there: you were a short timer (less than a year) with this company; if he had been there for several years, a company could justify giving the veteran employee a break, but not the new guy.
4) Is the other driver under age 40? The law protects people over 40...if you are both 40 or more, there would be no discrimination.
Basically, you have to eliminate non-age reasons as grounds for the difference in treatment or your termination. If there are no valid non-age reasons, then this may be age-related discrimination. If you feel that is the case, contact the federal EEOC or your state equal/civil rights agency about filing a complaint.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption