Can they fire you after workers comp?

Just got back from workers comp and two days later got fired. The reason was
because I’ve been there the longest and was the oldest person there. Keep in mind
I’m in my late forties.

Asked on October 20, 2017 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the reason was your age, and your age is over 40, then you would have an employment discrimination claim: it is illegal for employers to discriminate against (e.g. fire) employees aged 40 and over because of the age. If you believe, as you evidently do, that age was the cause, contact the federal Equal Employment Opportunity Commission (EEOC) about filing an age discrimination complaint.

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