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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11069
Experience:  Significant experience in all areas of employment law.
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Work in health care field. (Social Worker) Administrator of

Customer Question

Work in health care field. (Social Worker) Administrator of our facility asked me to violate HIPPA. Has told me twice that he doesn't "like" me. Has written me up and I fear he is going to fire me. I am 70, soon to be 71 and feel that he has targeted me because of my age. In one statement he said, when I told him I felt I was targeted, "Well, this is not to say that you haven't been targeted, but..."
He keeps giving me new "duties" and I can't begin to get all done in an 8 hour shift each day. He took me from hourly to salaried when I couldn't be registered on the finger print machine. My finger prints have faded and will not register.
My question: I moved to Tucson in October 2015 leaving a 10 year job there to take this job. I was hired immediately and almost the same rate as Denver. I want to know if I do get fired, will it be possible for me to sue for age discrimination with less that a year at his facility? Thank you for your advise. Dinah Tolini
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The duration of your employer will have no bearing on your ability to sue for age discrimination. Your ability to sue for age discrimination turns on the answer to one simple question: do you think you can convince a jury, based on all the relevant facts and circumstances, that you were terminated because of how old you are? If you believe you can convince a jury of this, then you have a viable claim for age discrimination. It is really no more complicated than that. Your first step would be to file a complaint with the Equal Employment Opportunity Commission. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

I hope that you find this information helpful. 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.

Expert:  Patrick, Esq. replied 3 months ago.

Was there anything else I can do for you?