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Termination Discrimination


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#1 Scarlettohara_4223

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Posted 15 November 2012 - 04:47 PM

I held a position in AL for three years and was constantly told what a good job I was doing.

Out of the blue my employer called me into his office and said we were parting ways. I needed to retire. I am a 65 year old female.

My employer then went on to say he was replacing me with a 51 year old male that was in need of a job. This male has NO experience in the company's field and no experience in my particular job.

Do I have grounds for job discrimination.

#2 NewYorkEmploymentAttorney

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Posted 16 November 2012 - 07:14 AM

If you were a client in New York I would advise you that it sounds like you have a potentialluy viable age discrimination claim and possibly a gender discrimination claim as well!

I suggest that you contact a local employment attorney immediately. Arrange a free consultation so you can explore your options and the details of your specific situation. Doing so will only cost your free time and could help to protect you a great deal. Please do not delay, the Federal statute of limitations for claims of this sort is only 300 days from the date of last discrimination.

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Posted ImageThis answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to matters in New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us at our website: www.QueensEmploymentAttorney.com or via Twitter (https://twitter.com/#!/EmployAttorney) or Facebook (http://www.facebook....RicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

#3 Fallen

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Posted 16 November 2012 - 08:33 AM

Can't know how viable it is from here or whether in the end the reason he's letting you go is because this is just some friend who needs a job or would be far cheaper (nothing unlawful about either) and the dude/employer doesn't think he's leaving you in the lurch or hurting you because he believes you're able to "retire". It doesn't mean he's discriminating against you because of your age or gender as such.

You're free to file a complaint with the EEOC and state equivalent, and talk with a local employment attorney who handles discrimination cases.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 Guest_FindLaw_Amir_*

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Posted 16 November 2012 - 08:44 AM

I agree with the previous poster, you may wish to consult with a local Alabama Employment Lawyer to advise you of your rights regarding this matter. I also suggest you visit the Employment Law Center and read Employment Discrimination as a good resource to learn more about this subject matter.




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