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If terminated at age 50 and average age of last 6 persons put into supervisor rolls was in mid 30's is this discremination ?

Jacksonville, FL |

Was terminated on said performance issue I did not sign termination papers was not offered any separation package and was employed with company for 23 years. had ongoing issues with manager for past 2 years that had been brought up to higher management and HR manager. Was given one performance review in 6 plus years of working under this manager that was given out of scope with company policy when i refused to step down from my supervisory roll. No other supervisor under this manager was given a performance review to date that had worked under him. I was replaced by a person I had hired into the company just 9 months before and he is 11 years younger than I and had no previous experience with this company. There is much more that I have some documentation of that has went on. I am left job

Attorney Answers 3


It is quite possible. If you were terminated based on your age, you would have a cause of action under state and federal law. Proving the reason for termination is always the difficult aspect of a discrimination case, so the more inforamtoin you have regarding your performance and the lack of any discipline or deficiencies, etc., the better your case should be.

There are a multitude of issues to considera nd which must be assessed in employment / discrimination cases, so you really should contact a discrimination attorney as soon as possible. Please also note that the statute of limitations is extremely short for employment issues. In many instances, you must take action in as little as 180 to 300 days. If you genuinely feel that you have been discriminated against, contact a qualified attorney immediately.

For more information or questoin, visit my website via the link below.

Jason Holbrook
Holbrook Law
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Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me. Jason Holbrook, Esq. Holbrook Law Sarasota Office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax

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Prudent practice and due regard for the sometimes unpredictable course of equity usually means that anyone with substantial time in an employment position should, upon involuntary termination, spend the time and effort to consult with skilled and experienced legal counsel. After 23 years you simply must do this. There may be issues or facts that you are not recognizing that can suggest options to an attorney with the skill to recognize the potential significance of small details.

Be prepared for the fact that some of your facts are suggestive of some difficult legal issues. Your factual summary strongly suggests that some of your conduct may be cited by your employer to justify your employer's termination of you. You "refused to step down" from a supervisory role? And you had ongoing issues with a manager for 2+ years? These may be problematic facts that in the end limit your options. But still, after 23 years, you go to a lawyer, you consult, you listen. You can't just walk away with that much of your work life invested.

Good luck.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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It is possible that discrimination was involved, but that would depend on the reason or motive for the termination. You may want to consider contacting the EEOC to file a complaint.

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