Terminated without cause and replaced with a younger worker

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Terminated without cause and replaced with a younger worker

I recently lost my management position in a company I was with for 14 years and was replaced by someone about 16 years younger and making a lot less money. I am just 21 months away from my full retirement age. No reason was given for being let go.

Asked on April 6, 2018 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF you are over 40 (the age discrimination laws only protect those over 40)--which you presumably are--and there is no legitimate non-discriminatory reason for this, then this may well be illegal age discrimination and you may be entitled to compensation. Note that if the  younger person has credentials or education you do not have, has a strong connection to particularly important clients/customers, or has some valuable and relevant experience which you lack (even though he is younger), then replacing you with him may well be legal, as it would be if you had been having documented performance issues, absenteeism, or some other problem at work.
But if there seems to be no reason but age, then contact the federal EEOC about possibly filing a discrimination complaint.


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