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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29029
Experience:  More than 30 years in legal practice.
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I was terminated after sixteen and one half years with my

Customer Question

I was terminated after sixteen and one half years with my employer. Twenty months away from retirement. Three things led to my termination. 1) Blue the whistle on toxic mold work environment. 2) Disrespected Dr.s wife, who did not work in the office. 3) Stated I refused to wear the uniforms that his wife picked out for the office. All of these reasons are eronius and can proved to be false by witnesses.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Washington
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: They used false reasons to terminate Sotheby's could hire someone younger and cheaper.
Submitted: 17 days ago.
Category: Employment Law
Expert:  Loren replied 17 days ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 17 days ago.

Do you believe you were discriminated against due to your age?

Customer: replied 17 days ago.
Expert:  Loren replied 17 days ago.

Thank you for the additional information.

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.

While an attorney is not required to file with the EEOC, it is recommended that you have, at leasr, an initial consultation with an employment attorney in your area. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 17 days ago.

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

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