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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34402
Experience:  More than 30 years in legal practice.
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I was just terminated from my job after a total of 10 plus

Customer Question

i was just terminated from my job after a total of 10 plus years, reason given was" I don't know what you have going on. I have had numerous complaints from fellow employees about your attitude and being rude to. them." I have never been written up or had a verbal reprimand. Not missed any days that weren"t scheduled, never late. A model employee my whole time there.
JA: Was this retaliation? Or based on race, religion, age, gender, disability, or national origin?
Customer: If for retaliation, am not sure why? Could be age, I am/was their oldest employee.
JA: Is the employment "at will," union, full time, or part time?
Customer: Full time. typical 50 hour week
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have an attorney name to contact in Indy, don't want to waste anyone's time. Just seeing if i might have a case?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Expert:  Loren replied 2 months ago.

Other than the fact you are the oldest employee, do you have any other reason to believe the termination was due to age?

Customer: replied 2 months ago.
no, other than i am by far the oldest employee
Expert:  Loren replied 2 months ago.

Thank you for the additional information.

The fact that you are the oldest, and were the only one terminated, may still be enough.

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. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

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

Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!