Legal Question in Employment Law in Florida

Age descrimination

I am 46 and work for a large computer company. Last Oct. my manger

flew to my location and told me I was not desirable to the company

anymore becuase of my age and large salary. He said this in his attempt

at being a friend he told me. I know this is implied age descrimination.

Now the pressure is being applied to us old guys. The day he told me

this, I wrote an email to a peer hoping this would be a way to document

the occurance. I really have not thought much about it until now, and

there is a chance I might be fired. Is there anything I should be doing

while I am employed that will help me pursue this as a bargaining tool in

my departure settlement, or a suit if need be?


Asked on 5/29/04, 8:17 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Age descrimination

I would need more facts to fully assess the matter, but here are a few general thoughts.

You certainly have a legitimate age complaint. But unless there is more of a link with the eventual discharge then just the comment last year, that comment would probably not be enough to win a case since it would be very remote in time.

Nevertheless, you can bring it up if you are offered severance and want to negotiate for more, or are not offered anything but want to negotiate rather than sue. In either case, you would offer to waive your right to sue in return for a reasonable amount of compensation. (Half a year's pay, for example, since it would likely take six months to find a new job. Start off asking for more, but not too much that your request is deemed untenable, and settle for less.)

If you are offered severance, you will probably be asked to sign such a release anyway, which likely will include age claims. If the release has provisions for 7 and 21 day delays (you'll recognize it if yoo see it) and/or discusses the ADEA, then it includes a waiver of age claims.

To bring a claim, you can file a complaint for free with the EEOC (if your employer has 15 or more employees)or a state or county human rights office. To negotiate with the employer, you can do it yourself or hire an attorney.

If you want to discuss the matter, or feel the need to hire an attorney, please call me for a free consultation.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 5/30/04, 1:02 am


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