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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29002
Experience:  More than 30 years in legal practice.
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I was fired from my job on the bases that I did not torque

Customer Question

I was fired from my job on the bases that I did not torque wheels on a RV from tires that I changed. I had a torque wrench but supervisor took it an gave it to someone else without telling me where it was. This supervisor warned me sx monthess ago I could lose my job if I didn't torque wheels when I changed them. I believe he did this on purpose to get rid of me because I am turning 66 in December an wanted a younger employee in my position.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

What you were subjected to could be a violation of the Age Discrimination Employment Act.

Expert:  Loren replied 1 year ago.

In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:

In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:

presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

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