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I have been on my job at an H.O.A. for 18 years and am part…

Customer Question
I have been on...

I have been on my job at an H.O.A. for 18 years and am part time now for 3 days. Board of Directors is now saying I am paid too much even though I have only had the usual raises afforded all employers such as cost of living. I am currently 66 and almost 67 and the board is having a CLOSED meeting as to who they are firing. I am not allowed to even represent myself nor is the property manager who has been here for 17 years. I need advise

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

Florida

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

Paart time 3 days a week as of a year ago since I started collecting my S.S. at 66 years old

Submitted: 1 month ago.Category: Employment Law
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Answered in 1 hour by:
3/12/2018
Employment Lawyer: Marsha411JD, Lawyer replied 1 month ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,751
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for your post, can you tell me what your specific legal question is? We don't give legal advice since we are not your attorney, but I can give you legal information relevant to specific legal questions. Also, about how many employees does the HOA have?

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Customer reply replied 1 month ago
17 employees do I have grounds for age discrimination suit and slander or liable
Employment Lawyer: Marsha411JD, Lawyer replied 1 month ago

Hello again and thank you for your reply. Please keep in mind what I said about not being able to provide legal advice. Even if I could, there would be no way to guess if you have a substantiated case of age related discrimination. However, I can tell you that the way the age discrimination law (ADEA) is written, it makes it very difficult to sustain a cause of action for age discrimination.

That is because there must be proof that the only reason for an adverse employment action if based on the employee being over the age of 40. So, not only does that mean that it can't just be one reason for the action, but also there has to be proof of systematic discrimination against workers over 40, not just 60. So, if there are other employees who are over 40, but who are not subject to these actions, or the employer has any legitimate business reason for taking their action, a cause of action for age discrimination will not be substantiated.

If you still believe that your case might be able to meet the requirements I mentioned above, then you should consider filing a complaint with the EEOC. You can also, of course, speak to a local employment law attorney about your situation.

As for slander or liable. Unless the employer makes a false statement of fact about you to someone outside of the business, that they know, or should know is false, there would be no defamation of character (slander/libel) If they are making those types of statements, then you should go see a litigation attorney.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this response and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Marsha411JD
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Category: Employment Law
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