Employment Law

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If I file a complaint against my former employer, what kind…

Customer Question
If I file a...

If I file a complaint against my former employer, what kind of documentation do I need?

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

Indiana. I was fired last week from STAR Financial Bank in Indiana. 24 years, 7 months.

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

Full time

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

I feel there is age discrimination in the company as several co workers of my age, 62, have recently been terminated. Also the complaints filed against me all stem from being pressured, tested and harassed causing me to have a mental breakdown.

Submitted: 7 months ago.Category: Employment Law
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11/27/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

In order to have a claim for age discrimination, you need to prove that the same adverse employment action would not have been taken against you if you were younger. It is important to understand that this is distinct from adverse employment action taken against you because of your conduct, or due to other reasons not related specifically to your age. If you can prove that you would not have been fired if you were younger, then you can pursue legal action against your employer with the first step being filing 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.

In terms of the evidence you need, you don't specifically need documentation. ANYTHING that tends to prove your case can generally be admitted. This includes your personal testimony, text messages, emails, memos, letters, the testimony of coworkers or bosses, circumstances such as the treatment of other older employees at the company, your employer's history of age discrimination complaints, etc. Basically, what it comes down to is whether you an convince a jury in light of all possible evidence that it is MORE LIKELY THAN NOT that the same adverse employment action would not have been taken against you if you were younger. If you think you can convince a jury of that, then you potentially have a viable claim for age discrimination.

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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Customer reply replied 7 months ago
Thank you.
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

You are very welcome, I'm glad I could help. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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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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