Age Discrimination

UPDATED: Jun 2, 2009

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Age Discrimination

I am a 50 year old white male, that has been employed by ABC Corp 30 yrs, I have a stellar track record with numerous promotions. Recent ownership changes, Senior Mgmt Team retirements, going Public, has created a number of delayering and span of control changes over the last two years. I have recently been impacted and moved to a lesser position in responsiblity but not in title. I consider this a demotion but no one has called it that, no performance concerns given,and at the same time younger mgrs, at least 10 years younger have been promoted and given increased span of control.This seems to be a common trend throughout the Division over the past two years. The Mgmt positions that these younger managers now occupy used to be my position before I was moved to having lesser responsibility. I believe Statistics could support my claim. Do I have a case?

Asked on June 2, 2009 under Employment Labor Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

No one can tell you from your brief statement if you have a case.  You need to sit down with a lawyer, with documentation, pay checks, job descriptions, proof of others being promoted and discuss with an employment law attorney in your state.  Why?

Because most states follow an at-will doctrine.  You can be fired with or without cause, as long as it not discriminatory or truly retaliatory.  So, you are walking a fine line.

Contact your state's Dept of Labor and also try to locate private counsel.  The first (dept of labor) is exercising your administrative rights, which can be in tandem with civil litigation rights.

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 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.

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