Thank you for your reply. IF you can prove that you were fired because of how old you are, then you have a valid claim. However, there is a factual question here as to what your employer's true motivation was. You contend it was your age, but your employer will contend it was because you sweared at a customer.
It will be difficult for you to prove that your employer's stated reason for termination
was merely a pretense to cover up their unlawful motive, but it's possible. You will need extraneous evidence, such as the fact that other older employees have been unfairly targeted and treated with less leniency than those who are younger. Comments about your age will also help support that age was your employer's motivation here.
Ultimately, the success of your case boils down to a simple question--can you get a jury to believe that if you had been younger you would not have been fired? If you think you have facts that would convince a jury of this, then you have a case that is likely worth pursuing.
The first step is to file a claim with the EEOC
. This is a free administrative claims process that does not require an attorney to pursue. The EEOC will conduct an investigation and report its findings to you. They will also attempt to mediate a resolution with your employer. The EEOC may discover additional facts which make your case even stronger, so regardless of the strength of your case now, it would typically be prudent to file.
See here to file your EEOC complaint: http://www.eeoc.gov/employees/howtofile.cfm
I hope that you find this information helpful. Please do not hesitate
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