Skip to main content

Do I have a case for wrongful termination on age discrimination?

Neenah, WI |

I was fired from my job 6 weeks after I had a heart attack. I had only missed 3 days of work when I was in the hospital. I was given no reason for the termination except that it was a business decision, and he had his reasons. They then posted my position and hired a younger person for that job. I am 60 years old. I received a glowing letter of recommendation stating that I was a perfect worker and that they reason I was let go was that they decided they didn't need a rep in my territory anymore. That of course wasn't true, because they hired someone else very quickly. Do I have recourse to sue for age discrimination?

+ Read More

Attorney answers 3

Best Answer

An employer who gives a false reason for the discharge, e.g., position elimination, is evidence of pretext which, combined with other facts could indicate age or disability discrimination. Depending on the size of the employer, both state and federal law may apply to your situation.

Our firm is licensed to practice law in the State of Wisconsin and offers information on federal laws that may apply to residents of other states, however, we offer no advice as to the state laws outside of Wisconsin.



I did file with the EEOC and they have opened an investigation. The employer has sent a long letter saying that my performance was an issue, and he was going to fire me before I had the heart attack. will that stand given that he wrote that lovely letter praising my work?


I do not practice within your state, however, from a federal context, it certainly seems like you may have a viable discrimination claim from the facts you present. You certainly should contact a local employment attorney to discuss your situation in further detail.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/employattorney) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.


Contact a employee rights attorney through Find A Lawyer, as you might have a viable claim.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer