Oh, please. This is not a sound factual basis for a lawsuit. Can you really contemplate drawing on the resources of the legal system over this trivia?
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
First, you must be at least 40 years old to be covered by age discrimination statutes.
Second, if you are covered by age discrimination statutes, one comment of this nature probably does not rise to actionable conduct.
Third, your post does not describe what, if any, adverse employment action was taken against you.
This can get really ugly when you are dealing with family matters. The comment made to you is not appropriate. If he tells you that you are fired because you are too old and then fires you that may be a different story. It's too soon to say you have a case at this time. Always better to have peace with the family if that's possible.
Best of luck
If he actually fired you BECAUSE of your age (over 40), that is unlawful age discrimination. Did he say it in jest or is he serious? If he has stated more age-related comments or shown similar ageism, you may be in a workplace where the harassment due to age is pervasive and you may have a case for unlawful harassment IF it is pervasive. In addition, there are laws regarding the employment of young people which require completion of documents from his/her school, etc. You may want to find out more about those laws and advise your employer if he is violating those laws.
I agree with my colleagues McCall and Johnson who hit the nail on the head. We, as attorneys, have a duty to ethically bring only meritorious cases before the court. Despite the many jokes and characters of the media, we try to bring "real" cases that have serious merit and consequence.
Your little spat with step-father seems rather frivelous (just based on the sparse facts given). For example, how many people in anger shout "I'm going to kill you!" to their spouse or loved ones? Can the government bring an attempted murder or conspiracy charge based on that? Of course not.
The other attorneys also made valid comments. What actions were taken and is there a history of verbal display of discrimination and action taken against employees or interviewees regards to their age or race?
Lots of issues to take seriously. The legal system is not a joke.
Any advice, suggestions, answers to questions, directions, either implied or express, are not binding, do not create an Attorney-Client relationship, are not solicitations but merely a generalized response or comment. The facts of every case is unique and requires carefully thought out investigation and research exclusively available during a one-on-one true Attorney-Client consultation including a signed fee agreement.