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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111683
Experience:  20+ Years of Employment Law Experience
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My husband was discriminated against in his job. I don't

Customer Question

My husband was discriminated against in his job. I don't know if we have enough evidence to have a case. He was employed for 36 years with the Madison County Sheriff's Department (MCSD). This all occurred over a year of time and he finally just retired. I need to talk with someone about what they did to see if we have enough to proceed. It's a lot to type and I wondered if there is someone I could talk too. Thank You!
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Tennessee
JA: Is the employment agreement "at will," union, full time or part time?
Customer: fulltime
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I know of unless you need something else
Submitted: 1 month ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did they discriminate against him based only on his age/race/sex/disability/national origin? What did they do to him that was based only on one of those reasons?
Customer: replied 1 month ago.
The sheriff made several comments about his age, he is 59, and his physical ability. He was not a road officer, he has had a desk job for 15 years. He changed your job description several times, took all responsibility from him, told him not to talk to anyone and told people not to talk to him. He was told by one person that if they talked to him, that they would be fired. Just to name a few.
Customer: replied 1 month ago.
No thank you
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply. If you received a phone service offer, that did not come from your expert, it came from the site automatically without control of the expert. You can ignore the offer.
If he has proof that the sheriff made comments about his age or him being too old to do the job, then this can form the basis for an age discrimination in employment case. Your husband bears the burden of presenting evidence of the comments and that there was no other reason for his termination of employment. However, if he retired and was not terminated, this makes his case very difficult in that he would have to prove that he was essentially terminated by the conduct of the sheriff and forced to retire. His first step is filing a complaint with the TN Commission on Human/Civil Rights or the EEOC and they need to investigate and grant him a right to sue letter to proceed to court.
The laws say that he has to prove that the only reason for the conduct towards him was his age and to force him to retire based on his age, resulting in a constructive termination or forced retirement based on his age.