Legal Question in Employment Law in Florida
Not Retiring
I am 59. An employee of a large Florida corp for many years. I was asked to relocate when other younger employees in simular jobs were not required to. When I asked to travel as the others were the boss said I had decided to retire and distributed a company memo which I disputed. He did not correct the memo. I have been looking to transfer but it seems the retirement memo is having a negative effect as it has been brought up during job interviews. I have now been replaced by a younger person. Is this circumstantial evidence of job discrimination?
2 Answers from Attorneys
Re: Not Retiring
This certainly sounds like it might be illegal. It will of course be a fact-sensitive determination, but please feel free to contact us at (561) 447-8888 to discuss the details. It is unlawful for an employer to treat employees differently, or terminate one's employment, with respect to a term of benefit of employment if a motivating factor is someone's age, if over 40 like yourself.
Re: Not Retiring
If you have been fired or laid off, then you have a legitimate claim of age discrimination. (If not, and you are still getting paid and doing your job, it is a much tougher case to make.) You may not win in the end result, but the claim has merit. You must file a discrimination complaint either with the EEOC or the state or county (where the employer is located) human rights commission before going to court. If the commission finds "cause", i.e., believes that you were discriminated against, they will try to get teh employer to settle with you. If you are dissatisfied with the result, or "no cause" is found (no merit to the case), you can still sue in federal court.
It is free to file your initial claim and you do not need an attorney. It would be wise to have an attorney should you go to court, though. Also, you will only have 90 days to file in court once the EEOC process is through, so line up your attorney in advance.
Last, there are time limits, so do not delay in filing your claim.
If you feel the need to hire an attorney, please call me for a free consultation. We can review the case and see how best to proceed. (I would usually take such a case, if it has merit, for a reasonable retainer to do the up front work, including helping you file the claim, and then on a contingency basis for the remainder of the matter - no further fee unless we win or settle.)
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.)
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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