Legal Question in Employment Law in Florida
Termination after 40
Are there any laws in place pertaining to job termination after 40?
3 Answers from Attorneys
Re: Termination after 40
The federal law is the Age Discrimination in Employment Act. In general, you must prove that you were fired or otherwise discriminated against because of your age. So, if the employer has a legitimate reason for its actions, such as a broad layoff to cut costs, that generally is not discrimination unless you can show that a diproportionate amount of older workers were affected and there was no legitimate business reason.
There are also state and local human rights laws that grant older workers the same protection.
In any case, it is a tough case to make and win.
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.
Re: Termination after 40
Yes, the Age Discrimination in Employment Act (ADEA) of 1967 prohibits employers from discharging or otherwise discriminating against an individual because of their age. For further assistance, please feel free to contact me at (305) 755-9441.
Re: Termination after 40
The ADEA is a federal law that protects employees over 40 years of age from discrimination in hiring, firing, as well as, from employer actions that adversly affect the terms and conditions of their employment. You may get more information on this law from the EEOC web site at www.eeoc.gov.