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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34501
Experience:  More than 30 years in legal practice.
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I AM 64 AND WORK for a large public company. I was recruited

Customer Question

I AM 64 AND WORK for a large public company. I was recruited personally and he was let go 3 months afterr my start date. I have been demoted from National l Director and feel I am being abused and berated by my manager the #3 in the company. I have been relegated to NY salesmen without any notification. many employees tell me they cannot believe the way I am treated and disrespected.. I was considering going to HR but do not know what to do.
JA: Were any threats made? Was any of this based on race, religion, age, gender, disability, or national origin?
Customer: I was hospitalized for 2 week in May for anxiety and depression and people in the company talked about it. as well as I feel the current management team never accepted me and I feel they are pushing me out due to age. It is a very hostile environment.
JA: Is the employment "at will," union, full time, or part time?
Customer: At will full time Director of Liquid Systems NA GCP applied technologies but tole to say in New York and sell do not spend anytime else where.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was hired on last Sep by the president who has since left and he as well as my current boss told me in front of others I would have a full line of national reps and they would support any initiatives I put forth. The stress is really effecting me and the attitude towards my by upper management is seen and felt throughout the company.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Loren replied 2 months ago.

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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.aspx

Expert:  Loren replied 2 months ago.

Did you have further questions? I am happy to continue, if you do.

Otherwise, have I answered your question?

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!