What constitutes an age discrimination case?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes an age discrimination case?

I was recently laid off. I had never been written up or had any warnings about my job performance. When I was laid off, all I was told was that I was the one chosen out of my department. I’m 40, and everyone else in the department is younger. Do I have a case under the Age Discrimination In Employment Act?

Asked on December 21, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are 40 or older, you may have a case, since you are old enough to be in proteced category. However, that does not mean you can't be fired; it just means that you can't be fired due to your age. If there was a non-discriminatory reason, the firing is legal. You state that you have never been written up or had warnings about performance--that is certainly evidence that this may have been discrimination. However, if you recently did something wrong (even if it were not written up); or the company has restructured so it does not need your position; or you had a conflict with a manager; or you lesser skills or credentials than other employees; etc.--i.e. if there is some reason other than age discrimination behind the termination--it may be lawful.

From what you write, there is certainly enough of a case to consult with an employment law attorney and discuss the situation, your options, and your possible recourse in greater detail. Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption