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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5734
Experience:  Exclusively practice labor and employment law.
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I work remotely company in TX. I have had good reviews.

Customer Question

I work remotely for a company in TX. I have had good reviews. I support several applications -- I'm 64 years old. They laid me off, hired a 48 year old at a higher level and have given him my applications plus several others. Is this discrimination?
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
My name is John. I have over 13 years of legal and counseling experience in these types of matters, and I’m happy to assist you with your question today. I’m sorry to hear about your termination of employment.
You definitely have what is called a "prima facie" case of age discrimination. Meaning you are over 40, were qualified for the position, and were replaced by a substantially younger person. Meeting these elements, you can meet your burden of proof. It would be up to the employer to offer and prove that your age was not the factor that cause them to replace you, but rather a legitimate non-discriminatory reason exists, why they no longer thought you were qualified. It doesn't sound like they can meet that burden because you have all these good reviews. So, I'd be of the opinion that you have a solid age discrimination case.
You may want to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC would investigate the workplace at no charge to you and make a determination of whether discrimination occurred. If the EEOC finds discrimination, they attempt to work out a resolution or, if a resolution cannot be reached, they'll either sue the employer or allow you to sue them in federal court. If this sounds like something you're interested in, you can learn how and where to file a charge with them here.
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Customer: replied 2 years ago.
John, if I go the EEOC route, how long does it typically take? Also, they probably would deny me unemployment. Right?
Expert:  John replied 2 years ago.
You shouldn't be denied employment - you were terminated for no fault of your own so you should apply for and receive unemployment. The EEOC process takes a few months; usually 3 - 6. But it is necessary to do because you cannot file a lawsuit absent exhausting the EEOC procedure.
Hope this helps. Let me know if I can be of further assistance.
Expert:  John replied 2 years ago.
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