What to do bout possible age discrimination?

UPDATED: Jan 11, 2013

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What to do bout possible age discrimination?

I hired a woman half my age for my Customer Service Department. Then, 6 months later, she was transitioned by management to do the items that had been under my job description and they had me doing a lot of what we had hired her to do.I was told my position had been eliminated and laid off. This lady is now performing the items I had been responsible for. I feel that they replaced me with someone younger and less expensive and did not eliminate the posistion I had. Do I have a case?

Asked on January 11, 2013 under Employment Labor Law, Minnesota


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 10 years ago | Contributor

Illegal discrimination pertaining to employment involves discrimination against a person with respect to any term or condition or privilege of employment: The laws that protect us against employment discrimination include unfair treatment due to race, color, religion, sex (including pregnancy), national origin, age, disability, and genetic information.  This includes employment matters such as hiring and firing, layoffs, compensation, job assignments and training.  Federal law protects individuals who are age 40 or older.  (It is to be noted that the federal law does permit favoritism to older workers based on their being of relatively older age.)  To be covered by the laws, an employer must have a certain number of employees.  When an issue involves age certain further requirements must be met.  Governing law includes ‘statutes’ and ‘case law’; law is continually evolving.  In a situation as you describe I urge you immediately to seek legal counsel.  Privately I would discuss with you what happened in great detail.  Sometimes written documents are involved (for example, emails, employee manual, employment agreement) and I will view those.  I urge you to seek legal counsel with no delay because a person can definitely lose certain rights permanently and irrevocably by inaction.  I recommend you phone many attorneys in choosing who you want to help you because it is critical that you feel a sense of great trust with the attorney.  Oftentimes a person will have other legal issues, related or unrelated, and we will discuss those issues, too.  

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.

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