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Is it legal to fire someone for age discrimination if not…

Customer Question
Is it legal to fire...
Is it legal to fire someone for age discrimination if not able to prove lack of doing the job offered. I was promised training and received none.
Submitted: 11 months ago.Category: Legal
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Answered in 2 minutes by:
9/12/2017
Lawyer: LegalPro54, Lawyer replied 11 months ago
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,536
Experience: General practitioner with diverse legal experience.
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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.

Age discrimination is always illegal. However, the burden of proving that this was the employer's motivation always falls on the employee. The fact that the employee was doing their job correctly is certainly evidence that age may have been an ulterior motivation, but since employment is "at will" absent an agreement to the contrary and as such can be terminated for no reason at all, this is likely insufficient evidence on its own. Most likely, you would additional evidence in the form of negative comments about age, a pattern of treating older employees more favorably, being replaced by someone substantially younger and less qualified, or something else along these lines to prevail in a discrimination lawsuit.

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.

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Customer reply replied 11 months ago
They emplyed I was having difficulty going up and down steps. I did go slowly, so what, I completed every task without complaints. I got along with everyone. Training needed, not received!!. Mgr.appoligized. The business is 2 blocks from my residence. Told her I am flexible if she needs help on short notice. She wrote me a note Monday, saying how happy she wwas to have me . I need the money and was very excited to begin a new career.
Lawyer: LegalPro54, Lawyer replied 11 months ago

Thank you. I would file a complaint with the EEOC, which you can do here. 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.

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.

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