I was fired from my job 6 weeks after I had a heart attack. I had only missed 3 days of work when I was in the hospital. I was given no reason for the termination except that it was a business decision, and he had his reasons. They then posted my position and hired a younger person for that job. I am 60 years old. I received a glowing letter of recommendation stating that I was a perfect worker and that they reason I was let go was that they decided they didn't need a rep in my territory anymore. That of course wasn't true, because they hired someone else very quickly. Do I have recourse to sue for age discrimination?
Employee Benefits Lawyer
An employer who gives a false reason for the discharge, e.g., position elimination, is evidence of pretext which, combined with other facts could indicate age or disability discrimination. Depending on the size of the employer, both state and federal law may apply to your situation.
Our firm is licensed to practice law in the State of Wisconsin and offers information on federal laws that may apply to residents of other states, however, we offer no advice as to the state laws outside of Wisconsin.
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Employment / Labor Attorney
I do not practice within your state, however, from a federal context, it certainly seems like you may have a viable discrimination claim from the facts you present. You certainly should contact a local employment attorney to discuss your situation in further detail.
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Contact a employee rights attorney through Find A Lawyer, as you might have a viable claim.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
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