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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4995
Experience:  Exclusively practice labor and employment law.
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I am 60 yrs old. I have been an Independent Contract

Customer Question

I am 60 yrs old. I have been an Independent Contract Territory Sales Rep for a large public traded firm since 2008. I have never had a "down year" in sales.I received "Honorable Mention " at last years National Sales meeting for increasing Sales
In June of this year, I was informed by inside management, my territory was being merged with the one next to it,and being made a Company/Salary position and if I wanted to keep my job, I would need to apply for it.
I did.
Interviewed on July 23rd
Notified on Aug 3rd, that I did not get the position
Found out the person hired is apx. 35 yrs old, worked for the Company in a different position and was pursued by the same Manager that interviewed me
Do I have a case ?
Thanks
Mark
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is***** have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

You do, at the very least, have what is called a prima facie case of age discrimination. What this means is you can meet the basic elements of a civil rights claim - which are 1) you are part of a protected class, 2) you are qualified for your job but treated adversely to similarly situated employees in the majority (i.e., a substantially younger) and 3) suffered an adverse employment action. With this you can bring a charge and it is for the employer then to attempt to refute your allegations with a legitimate non-discriminatory reason for your non-hire. From your question it appears you have a good record and the 35 year old was in a different position and they otherwise cannot refute that you were the superior candidate, so it will be difficult for them to prove some legitimate factor other than age was the reason for his hire over yours. I have no idea what the employer may try to pull out of its hat in this scenario, but you at least can push to see what they'll say and whether it has any legitimacy. I'd suggest you file with the EEOC first to see what the employer's position is in regard to their reason for non-hire.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 1 year ago.

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