Employment Law

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Was hired by a north shore MA company. My hiring manager was…

Customer Question
Was hired by a...

Was hired by a north shore MA company. My hiring manager was my age 55 or so, after three months, company decided to have me report to another manager a very young person, after 3 months later I was fired. I believe it was due to my age. I was never written up, or told I was doing a bad job. What do I need to prove wrongful termination?

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

MA

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

Yes - at will and I was full time

Submitted: 8 months ago.Category: Employment Law
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10/2/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,241
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

You need facts that prove by a preponderance of the evidence (meaning more likely than not) that had you been younger you would not have been let go. The fact you were fired by someone younger would not own its own meet this burden. Otherwise, it would simply be illegal for a manager to ever take adverse employment action against someone older than them. You need additional facts or circumstances which suggest an intent to discriminate against you BECAUSE of how old you are. For instance, derogatory comments about your age, a pattern of negative treatment toward older employees, or being replaced by someone substantially younger and less qualified.

Ultimately, the success of a claim hinges on one question, which is whether a jury would conclude based on all facts, circumstances and evidence, that it's more likely than not you would have been retained if you were younger. If you believe you can convince a jury of that, then you have a viable claim.

The first step toward pursuing a claim is to file a complaint with the EEOC. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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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).

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