Age discrimination is a common occurrence in corporate America. Proving age discrimination, however, is not easy.
In general, the things needed to establish a basis for an age discrimination case are as follows: The employee is over 40 and was fired because of his/her age.
That sounds simple enough, but a lot of people who are over 40 are terminated for reasons other than discrimination because of age. So what do employment attorneys look for in selecting age discrimination cases? Since we often handle age claims on a contingent fee basis (you pay no fee unless you win the case), age discrimination lawyers are very careful in choosing cases to pursue. Below is an example of the "ideal" age discrimination case.
John A. Gallagher is an Experienced Discrimination Lawyer Who Has Litigated Age Discrimination Cases on a Contingent Fee Basis Since 1991
The employee has worked for the company for more than 10 years. Within a year of termination, he/she is assigned a new supervisor who is substantially younger than they are; OR, the company comes under new management or ownership.
The employee is (allegedly) fired either because of a layoff or because of a sudden "drop" in performance that is unsubstantiated. Sometimes the employee is terminated when he/she "refuses" to retire. Then, the employee is replaced by someone who is more than 10 years younger.
Although this is what I refer to as a "clean case," there are many other variables that may come into play. If you are part of a mass "lay off," and many of those laid off are older than 40, and are subsequently replaced by people under 40, your case has appeal. If, on the other hand, you are fired because of customer complaints or ongoing issues with management, your case is less than ideal.
Early "voluntary retirement" cases also have potential great appeal. If you are offered early retirement in lieu of immediate termination, you will not only be eligible for your retirewment benefits, but may also have a right to Pennsylvania Unemployment Compensation. Click Here to read about how that scenario plays out.
The Gallagher Law Group Focuses Almost Exclusively on Helping Individuals Who Are Having Problems at Work in Communities Such as Ft. Washington, Lansdale, Exton, Doylestown, Conshohocken, Wayne, Bryn Mawr, Bryn Athyn, Blue Bell, Norristown, Newtown Square, Broomall and Surrounding Communities
I believe the most important thing to remember, and the most difficult thing for employees to understand, is what discrimination is and how it is proved. Discrimination is an intentional act. It is proved be showing that the reason for termination was bogus, AND THAT THE EMPLOYER KNEW IT WAS BOGUS. In essence, you must prove that the employer made up the reason for termination. It is not enough to prove that the employer's reason for termination was wrong. That is not enough. Rather, you must prove that the employer first made the decision to fire you because of your age, and then later came up with a reason to fire you that is in essence designed to hide its true motivation.
These principles appy not only to age discrimination claims, but also to all disrimination or retaliation claims.
NOTE: Discrimination based upon reliegion or military service may be demonstrated where: 1) you are punished for observing a religious holiday; 2) you are punished because of a military obligation.
Questions about Retaliation, Hostile Work Environment or Wrongful Discharge Claims? Click Here.
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