If I have worked for the same law firm for 8 1/2 years and they are slowly pushing me out due to my age, can I sue?

They are trying to be a big law firm and want all young people working for them. I am a older woman. At 57 (which I turn at the end of this month) I will be unable to get a job.

Asked on September 5, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *may* have an age discrimination case and it would be worth consulting with an employment attorney. Federal law prohibits discriminating against someone on the basis of being older than age 40. That is not to say that a 57-year-old person cannot be "pushed out" IF there are legitimate, non-age related reasons--poor performance; not keeping skills or knowledge up to date (if applicable); attendence issues; etc.--but if there are no obvious issues other than age, then age may indeed be the motivating factor; and if it is, it is illegal. From what you write, you should consult with an attorney who can evaluate all the specific facts of your situation in detail, to let you know whether you seem to have a case, how strong it is and what it might be worth--and then to take the next steps (e.g. file a lawsuit) if applicable.

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