should I pursue a lawsuit as a member of a protected class and how much would that cost?

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should I pursue a lawsuit as a member of a protected class and how much would that cost?

I’m 62 years old and was let go from my job without cause. I’ve been offered a 4 month severance package but I lose the ability to sue if I sign it. My employer has often threatened people’s jobs and created undue stress in the workplace. I’ve been demeaned publicly for not having the best computer skills.

Asked on September 12, 2016 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did you have an employment contract or union agreement that prevented your termination? If not, then it may be legal. In an "at will" employment setting, a company can set the terms of work much as it sees fit. In fact, typically a business can fire an employee for any reason or no reason at all, with or without notice. That having been said, no form of employment discrimination must have been a factor in your dismissal. So if you were terminated merely on the basis of your age (being over 40), that would be illegal. However, if there was another legitimate reason for your discharge (e.g. lack of computer skills), then being 62 does not help you. At this point, you need to consult directly with an employment attorney in your area. After hearing all of the details of your situation, they will be in the best position to advise you.


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