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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5732
Experience:  Exclusively practice labor and employment law.
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I think myself and another employee where let go from our

Customer Question

I think myself and another employee where let go from our jobs because of our age. I worked this place for over 8 years and yesterday .. we were told they are eliminating the position. how can I prove it for age discrimention. my boss even made several comments to the point. Even in a staff meeting she said she took a health test and it told her she has a boody of a "50" year old. it was even said in that staff meeeting by someone that was over 50 that she took offense to that comment. Do I have a case? I wasn't even paid my 3 weeks vacation and I worked there over 8 years. If a position is being eliminated .. don't they have to give you a severance package?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

You've asked a few questions here, I'll answer each as follows:

how can I prove it for age discrimination? You have to prove a) that you are over 40 years old, b) you were treated adversely, and that you were replaced by a substantially younger employee. If there is no replacement of someone in your position then, you have no claim.

Do I have a case? - This "evidence" is not enough to establish age discrimination. Courts routinely rule that one-time, or stray, comments are not sufficient to establish discrimination.

Didn't pay vacation or severance? Vacation pay and severance are private contractual agreements by employers. There are no laws mandating either. If an employer does not limit vacation to use it or lose it, then it must pay it out by the end of the year. Likewise, there is no law mandating severance.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
Thank you. However, they have replaced me yet .. but in talking to one my Project Managers. I was told that they are restructuring but they are now calling them "Project Coordinators" ... Last week I was at work late and my boss and the Owner of the company where having an interview with a younger, pretty gal. So if they do refire younger people, then do I have a case?
Expert:  John replied 1 year ago.

You possibly have a case, it depends how close the project coordinator position is to your position in terms of skills, knowledge required and duties. If it's substantially similar to as where you could do it without much if any retraining or investment, then you'd have a case for certain.