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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34504
Experience:  More than 30 years in legal practice.
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I was terminated from employment with Thistledown Racino. On

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I was terminated from employment with Jack Thistledown Racino. On 8/23, I received a phone call from a supervisor who told me that training was delayed 5 min. because an EMT was late, however, she was being covered by a paramedic. I said, OK, as long as the paramedic is covering. Twenty minutes later, the supervisor let the paramedic go home without the EMT arriving. I was terminated because someone in my department did not follow -proper procedures. I am a 60 yr. old female. The GM has been trying to terminate me without cause for 2 years. There have been several instances where females and older employees are replaced with younger employees. I believe my termination was unjust and an attempt to replace me with a younger male. I was told a few weeks ago by the Director of OPs. that he thought the Shift Mgr. under me would make a good manager and a male supervisor who also reported to me could step up to Shift Manager.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: OHio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will, full time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.

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

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Does the company have at least 20 employees?

Customer: replied 1 month ago.

Thank you for the additional information. I am sorry you have to go through this.

It sounds as if you may have a viable claim for age discrimination. 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

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Customer: replied 1 month ago.
Thank you, I will contact a local attorney.

You are very welcome.

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Thank you!

Loren

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