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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am a 62 year old female who was fired from her job a month

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I am a 62 year old female who was fired from her job a month after my 62nd birthday. I was demoted from my manager position about 22 months ago after 19 years with my employer and another employee who had been with the company for less than a year was made my supervisor. At the time I made reference to being able to work until I turned 62 and I could retire but due to financial reasons I changed my mind and was going to continue to work until I was 66. Do I have a case?

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong.

Brandon, Esq. :

Under the ADEA it is illegal for your employer to discriminate against you because of your age.

Brandon, Esq. :

If you can point to any evidence that the real reason you were fired was because of your age, and not do to job performance, or some other legitimate business reason, then you have a claim and should file a wrongful termination claim with the EEOC here:

Brandon, Esq. :

Or, you could get an employment attorney involved in your case if you want the best possible chance of succeeding on such a claim. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

I meant to say due to job performance above.

Brandon, Esq. :

Does that make sense?

Customer:

All I can provide is the fact that I worked for this company for 19 years and only received one write up and this was after I was demoted. The reason for my demotion was never given to me. I was jus t told one day by the President of the company that I would begin reporting to the person that was hired to replace my reportee after she retired.

Customer:

I was only given one performance review in my 19 years with this company. I have knowledge that the President of the company asked another manager to document complaints from her reportees on my performance which were all negative but were never shown to me or discussed with me. Also, he did not verify any of the information with any of this managers reportees.

Brandon, Esq. :

If you think that you can get that manager to testify to that in trial then you have a very good case of age discrimination. If not, then it will all come down to whether or not you can show evidence that the company either got rid of you because of your age, or if the company has a history of getting rid of other people because of their age, or if there is any evidence whatsoever to prove your claim.

Customer:

The company has had a previous age discrimination case that they settled out of court for $100,000 and I have proof of that.

Brandon, Esq. :

Then it sounds like you have very good recourse to not only bring a claim, but to settle without having to go to trial.

Brandon, Esq. :

Because you can use evidence of the past case to show that this company does this kind of thing regularly.

Customer:

Okay, thanks for the advice. I will file an EEOC complaint and use the web site you referred me to for an attorney.

Brandon, Esq. :

Not a problem. Have I fully answered your question today?

Customer:

Yes, you have and thank you again. I guess I just needed to know if my feelings on this matter were legitimate. Have a good evening...

Brandon, Esq. :

You too. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your evening.

Customer:

I absolutely will give you a positive rating and I appreciate the offer if I need additional help!!

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