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I need to know what the characteristics of age

Customer Question
I need to know...

I need to know what the characteristics of age discrimination in the workplace

Lawyer's Assistant: Was this discrimination issue discussed with a manager or HR? Or with a lawyer?

I have an appointment Thursday of this week with the HR Director. I sent in a memo saying I was being harassed by the people I work with and all indications are the harassment is due to age discrimination

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union

Submitted: 3 months ago.Category: Employment Law
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Answered in 5 minutes by:
4/2/2018
Employment Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,761
Experience: More than 30 years in legal practice.
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Employment Lawyer: Loren, Lawyer replied 3 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).

Additionally, the employer must have 20 or more employees.

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

I am happy to continue if you have further questions.

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