Age Discrimination/Wrongful Dismissal

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Age Discrimination/Wrongful Dismissal

I am 59. I was let go on 4-30-16 from an aircraft engine manufacturer. I was an engineer. I had excellent annual reviews for the near 11 years employed there. At the separation meeting, I wasnt told why I was being laid off and was givne a separation agreement with complete release of claims and covenant not to sue. I later found out that I was replaced with a young engineer at noon the same day. Do I have any rights regarding my dismissal?

Asked on July 12, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may have suffered illegal age-related discrimiantion, and therefore have grounds to recover compensation. What you have stated appears to be a "prima facie" (basically, "on its face") case of discrimination: an older engineer with good reviews fired and replaced with a younger one. That seems to be a case of discrimination. It is possible that the employer will later be able to provide some credible, non-discriminatory reason for the action--maybe the new engineer has some degree or credential you lack, for example--but if they cannot, there is a good chance you will win. Based on what you write, it would be worthwhile for you to contact the federal EEOC or your state's equal/civil rights agency to file a complaint, and/or speak with an employment law attorney about legal action.


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