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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34497
Experience:  More than 30 years in legal practice.
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I believe I have been wrongfully terminated from my job

Customer Question

I believe I have been wrongfully terminated from my job because of my age and time constraints with EEOC.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Atlanta GA
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: 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: 2 months ago.
Category: Employment Law
Expert:  Loren replied 2 months ago.
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.
Expert:  Loren replied 2 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.
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Expert:  Loren replied 2 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.
Expert:  Loren replied 2 months ago.
Unfortunately, if that deadline has been missed, it may be too late. Otherwise, get a complaint on file within the 180 days.
Expert:  Loren replied 2 months ago.

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