I won't go into details but I terminated someone based on their age, (just to keep the work environment the way my other employees like it). They are calling me out because they overheard me say the reason to someone else and came up to me and said that they were going to the EEOC. Can I be fired? Is my company going to get sued or are they going to sue me?
Maybe to all. Either way, you need to stop posting on the internet (even if you think it is private) as it can only get your company and you in more trouble at this point. Asking for a guess about what your employer may or may not do won't help at all, and your posts and emails to and from this site are now subject to discovery if and when the company is sued.
1 lawyer agrees
Employment / Labor Attorney
If you terminated someone over 40 because of their age, the terminated employee would have a cause of action for discrimination. I cannot tell you whether the employee will sue you or the company. I suggest you contact an attorney and seek some advice before you discuss this with anyone.