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Age discrimination/ FMLA retaliation question.

Akron, OH |

I'm a 49 years old African immigrant. I worked for a major corporation for 17 years. during which I received outstanding reviews for years. I filed a discrimination complaints against my boss for singling me out weeks after taking over and pushing me hard to quit. The company has a proven history of hiring and promoting very young managers regardless of performance. Lately, they have been very aggressive moving out tenured mangers over 40. 4 months ago I was fired while on approved FMLA because someone allegedly complained against me. Personnel would not tell me what happened/ when/ who etc... 97% of The managers that are assigned to be promoted are under 30! 98% of managers that are hired are under 30!

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Attorney answers 1


You will need to consult privately with a skilled and experienced employment attorney to determine your best course. But it may be useful to offer one observation here: it is virtually inevitable that an employee who accuses the employer of unlawful conduct and files administrative charges with the federal or state government and/or a discrimination lawsuit against an employer or manager will have to leave that employment. It is simply untenable and impractical for an employee who is making legal war on the employer to remain in the tent.

In most circumstances, the termination of the complainant-employee will not be actionable for two reasons: (1) no employee is so perfect that the employee will not eventually deliver into the hands of the at-will employer a colorable legal reason for termination; and (2) because of the pending discrimination charges, the employer is at the time closely involved with legal counsel and there will be sophisticated and strategic legal judgments brought to bear to support a sound and defensible termination as soon as possible and practical.

In 30 years of employment practice, I have never seen a discrimination claimant-plaintiff employee remain employed with the defendant employer, and I have never seen a successful legal claim based on post-charges termination of a complainant-employee.

Employees who have not been fired should always factor this real-world non-theoretical probability into the decision to undertake the legal complaint process.

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Brian David Spitz

Brian David Spitz


That is horrible advise. There employees have a statutory right to stay employed. I would take this case in a heartbeat. Call me at (216) 291-4744.