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Wrongful termination/discrimination re: age and disability

Asked over 2 years ago - Ceres, CA

I was recently laid off from my job of 29 yrs. which I believe to be the result of discrimination related to my age & medical condition (severe osteoarthritis & neuropathy in both feet). I suffer from constant pain as a result of these conditions. My medical problems have never affected the quality of my work & I have been an exemplary employee with excellent performance reviews.

My company is currrently undergoing a work-force reduction and there have been layoffs in many depts.; however, my younger co-worker has 7 years less seniority than I have, & yet, was not the one chosen for lay-off.

I have been offered a small severance package, but have not signed the agreement, as it states that I would be giving up any rights I may have.

Do I have a case?

Thanks.

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Attorney answers (2)

Kenneth Lewis Swenson

Reputation Level 15

Answered over 2 years ago. Litigation Lawyer in Yuba City, CA.

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Your question provides insufficient information to provide a meaningful answer. Far too many variables exist to determine whether you would have a potentially meritorious discrimination case. Before you sign the severance agreement, you should consult with an attorney to discuss the particulars of your situation and have the agreement reviewed and for any specific legal advice.

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Elisa W. Ungerman

Reputation Level 10

Answered over 2 years ago. Discrimination Lawyer in Sacramento, CA.

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While you may have a "prima facie" case of discrimination - you need to have some "substantial evidence" that your termination was in fact based on your age or disability, and not just a suspicion, to have a case. This is especially true in a RIF situation. It sounds like your medical condition did not affect your work and the ER may not have even known about it. What evidence do you have that your age played a part other than a younger person was retained. That's what you need to have.

I do not do ERISA law, but if you were very near retirement and can show that you were let go so the ER could avoid having to pay out any pension benefits, then you may have a claim on that ground under ERISA. But again you have to have proof that the ER terminated your employment to avoid paying out - suspicion is not enough.

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