What can I do regarding wrongful termination due t age discrimination?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do regarding wrongful termination due t age discrimination?

The owner who I reported directly too was terminated at the beginning of the month; the other owner sent an e-mail that we were guaranteed our jobs. However, I was terminated because they stated that they were downsizing. They kept my 2 employees, I of whom does not have her GED and was my assistant and the other who has only worked for me for 6 months as the Asst. Scheduling Manager. Both of them are younger than me. I will be 50 this year and have been with company for 6 years. They offered me a 10 week severance and want me to sign a non-compete and non-disclosure. So where was the downsizing? They made of the them equals also. Should I retain a lawyer?

Asked on June 22, 2017 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If by "they made one of them equals also," you mean that one of the younger employees retained in your stead was promoted to your former position, then this may well be an age discrimination case: to terminate an older (and, based on what you write, better-qualified employee) while promoting a younger (and less-well-qualified) person to her position certainly appears on its face to be an age-based employment action, which is illegal. In this case, you should contact the federal Equal Employment Opportunity Commission (EEOC) to file a complaint.
But if they not only terminated you but eliminated your position, keeping only more junior positions, this was likely legal: an employer may legally decide to eliminate a more-senior position if it feels it does not need it anymore, even if that means eliminating the job of an over-40-years-old employee.


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 with SHA-256 Encryption