Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I believe I have been wrongfully terminated from my job

Customer Question
I believe I have...

I believe I have been wrongfully terminated from my job because of my age and time constraints with EEOC.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Atlanta GA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At Will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was placed on Performance Probation Dec 15 2015 after finishing in the Top four in Sales in my Department as of Dec 5, 2015 year ending. Total year ending Sales were 6.5% and I finished 6.4%. My age 61 at the time.

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
8/3/2017
Employment Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,272
Experience: More than 30 years in legal practice.
Verified
Hello. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you. Thank you for your patience as I review your question. In a moment I will either ask you for more information or post an answer to your question.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 8 months ago
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.aspxPlease remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 8 months ago
By the way, if you want to sue your employer for age discrimination, in states that don't have a law prohibiting age discrimination (most do), you must file a charge within 180 days of the discriminatory act. If your state has a law prohibiting age discrimination, this deadline is extended to 300 days.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 8 months ago
Unfortunately, if that deadline has been missed, it may be too late. Otherwise, get a complaint on file within the 180 days.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 8 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!

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,272
37,272 Satisfied Customers
Experience: More than 30 years in legal practice.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
How can I determine if I am a victim of age discrimination.
How can I determine if I am a victim of age discrimination … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Is it age discrimination when your told to look through the
Is it age discrimination when your told to look through the eyes of a milenimum as your a baby boomer? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I have an age discrimination question. can you file one even
i have an age discrimination question. can you file one even though your company replaced you with another person much younger and in the same protected bracket? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have an EEOC hearing coming up. I was terminated from
I have an EEOC hearing coming up. I was terminated from USCIS two years ago. The Agency lawyer was one of the designated management officials during my first EEO mediation. I learned later in reviewing the ROI that she served on the "management roundtable" and recommended that I be fired (which happened one year later). Later that spring I requested another mediation and the same agency lawyer was one of the designated management officials. Then when I was actually terminated, she represented the agency during my MSPB appeal. My question is, was it a conflict of interest to serve on the "roundtable" recommending my termination and then serve as a designated management official hearing my EEO complaint a few months later? It must have been pretty funny for her. I wonder if she shared the information that I was a short-timer with the other agency lawyer, serving as a designated management official. … read more
Edward Young
Edward Young
Juris Doctor
332 satisfied customers
What are the age discrimination laws of florida. I have an
What are the age discrimination laws of florida. I have an elderly person working a very physical job that is threatening me on age discrimination when I suggested that we move her to an easier positi… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
How do I file an age discrimination law suit against a
How do I file an age discrimination law suit against a company in Hawaii … read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
How do I file an age discrimination law suit against a
How do I file an age discrimination law suit against a company in Hawaii … read more
Ely
Ely
Counselor at Law
Juris Doctor
44 satisfied customers
I have a question regarding possible age discrimination
I have a question regarding possible age discrimination against my employer. I am 61 yrs. old. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Can i be age discriminated against, if I am the younger
can i be age discriminated against, if I am the younger person? … read more
Loren
Loren
Lawyer
37,272 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
2 satisfied customers
I received a Settlement for age discrimination in the amount
I received a Settlement for age discrimination in the amount of $35,000 less taxes so my net was $30,404.50 My former employer sent me a W2 instead of a 1099. So now it looks like wages earned. I have… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
14 satisfied customers
I have a question about age discrimination in hiring?
I have a question about age discrimination in hiring? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
2 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
Loren
Loren
Lawyer
37,272 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
Not sure if it's age discrimination but very well could be.
Not sure if it's age discrimination but very well could be. After 8 months in my current possition was given a scathing review. Non og these issues were ever discussed with me in the previus 8 months.… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x