What constitutes proof of age discrimination? Isn't it he said, she said?

Asked about 4 years ago - Orlando, FL

Age 60. Terminated 5/2010 after 7 years in position. Yearly contract, professional status. Told, due to dept. reorganization, job was not needed. All reviews excellent or good. No issues with work ever raised. No issues cited during exit interview, supervisor admitted all work was good. Forward three months. Job opening listed with virtually exact requirements. Wrongful termination? Age Discrimination?

Attorney answers (2)

  1. Scott M. Behren

    Contributor Level 14

    Answered . YOU very well could have an age discrimination claim. I would file a charge of discrimination with the EEOC and they will investigate your claims. My office could help you with the filing of the EEOC Charge. If you want more information on discrimination claims and filing complaints with the EEOC please feel free to check out my employee rights blog www.takethisjobnshoveitblog.com or my website www.behrenlaw.com.

  2. Michael S. Haber

    Pro

    Contributor Level 20

    Answered . It may be age discrimination. More information is needed. To evaluate your claim, an attorney would need to know how many employees in your company; the approximate age breakdown of those employees; how many other employees were terminated by the company in the last few years, and what their ages were, and other like information.

    Statistics tell a significant part of the story in employment discrimination cases. But, you are quite correct that it is quite often difficult to discern one's motivation. That is why the law will look to all of the surrounding circumstances.

    Given relatively short filing deadlines for age discrimination complaints, you should promptly consult a Florida attorney. Please note that I am a New York attorney and cannot advise you as to the application of Florida state law.

    Good luck to you.

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